CHARLES KINGSLEY OKOKASO Vs. STATE ( NCT. OF DELHI)

JUDGEMENT

(1.) The present appellant/applicant, a Nigerian national, was convicted under Sec. 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) and Sec. 14 of the Foreigners Act, 1946 by the learned Additional Sessions Judge (ASJ)/Special Judge (NDPS), North District, Rohini Courts, Delhi vide order dtd. 17/1/2023 for being in unlawful possession of 31 grams of cocaine and for not having a valid visa on the date of apprehension. The applicant was sentenced for the period already undergone, which was more than 7 years, vide order on sentence dtd. 8/2/2023.

(2.) The applicant had been in judicial custody since 26/8/2015 and completed his sentence on 8/4/2023. As per the Status Report filed by the Foreigners Regional Registration Office (FRRO) dtd. 18/7/2023, he was kept in a detention centre immediately after completion of his sentence.

(3.) The counsel for the applicant submits that despite having completed his sentence, the applicant is being kept in a detention centre. He submits that the present detention is unlawful.