DANIEL IFEANCYCHUKWU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two Petitioners, who are Nigerian citizens have approached this Court, by invoking Article 226 of the Constitution of India, seeking issuance of writ, order or direction in the nature Habeas Corpus for their release from the alleged illegal detention by the Respondent No.2, Senior Inspector of Police, Anti -Narcotics Cell (ANC), Bandra Unit.

(2.) On 12/01/2019, CR No. 1/2019 was registered under Sec. 8(c), 21(c) and 29 of the Narcotics Drugs and Psychotropic Substances ct, 1985 (for short "NDPS Act") with respect to seizure of 1.005 kgs of Cocaine from the Petitioners, with ANC, Bandra Unit. The said CR also invoked Sec. 14-A and 14-B of the Foreigners Act, 1946 alongwith Sec. 12(1-A)(b) of The Passport Act, 1967 alongwith Sec. 465, 468, 471 of the Indian Penal Code.

(3.) The Judgment dtd. 11/11/2024 also directed deportation of the accused, as foreigners, who were illegally residing in India, in accordance with the procedure to be initiated as per law.