SUNDAY EMEGHA Vs. STATE

JUDGEMENT

(1.) The appellant Sunday Emegha is a Nigerian national. He is aggrieved by the judgment dated 25.07.2009 vide which learned Special Judge (NDPS) has convicted him under Section 21 (c) NDPS Act for being found in possession of commercial quantity of heroine. The appellant was also convicted under Section 14 Foreigners Act for being in India even after expiry of visa.

(2.) The learned Special Judge (NDPS), after hearing the convict on the point of sentence on 28.07.2009, sentenced him under Section 21(c) NDPS Act to undergo RI for 10 years with fine of Rs.1 lac and in default of payment of fine, to undergo SI for six months and under Section 14 of Foreigners Act to undergo RI for 3 years. Both the sentences were ordered to be run concurrently and benefit of Section 428 CrPC was also given.

(3.) On the basis of secret information received, the appellant was apprehended on the night of 17.04.2009 at about 9.25 PM. The secret information was conveyed to the senior officers including ACP and on the directions of the senior officers, raiding party was constituted headed by SI Hari Kishan and consisting of Ct. Ved Pal and Ct. Satish and the raiding party left the PS vide DD No.38-A alongwith secret informer in Gypsy No.DL-1C-J-4863 driven by Ct. Hans. The Gypsy was parked at Gali No.11, Krishna Puri, Tilak Nagar and driver was left in the vehicle.