Arrested with heroin in 2019, Nigerian national acquitted

Ramkrishan Upadhyay

Advertisement

Chandigarh, December 23

Chandigarh Special Court Judge Hargurjit Kaur has acquitted a Nigerian national, John, in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985, after the prosecution failed to prove the charges framed against him.

Prosecution failed to prove case

It is a cardinal principle of criminal jurisprudence that the prosecution has to prove the guilt of the accused beyond a shadow of all reasonable doubts. But in the present case, the prosecution has failed to prove it. — Hargurjit Kaur, Chandigarh Special Court Judge

According to the prosecution, the police nabbed John in Chandigarh’s Industrial Area on June 19, 2019, for having a polythene packet containing 267 grams of heroin on his person. He failed to furnish the cops with any valid document to stay in India. He reportedly did not even have a permit or licence to possess the drug. An FIR was subsequently registered under Section 21 of the NDPS Act (1985) and 14 Foreigners Act.

After the completion of the formalities, a challan was presented in court against the accused, to which he pleaded not guilty.

Ankur Chaudharie, counsel for the accused, argued that he had been falsely implicated in the case. He noted that since prior notice was not issued to the accused under Section 50 of the Act, which is mandatory. He further argued that no independent witness corroborated the case made by the prosecution.

After hearing the arguments, the court acquitted the accused of the charges framed under the NDPS Act but convicted him under Section 14 of the Foreigners Act and sentenced him to imprisonment for the period that he already underwent during the course of the trial.

The judge observed in the order, “It is a cardinal principle of criminal jurisprudence that the prosecution has to prove the guilt of the accused beyond a shadow of all reasonable doubts. But in the present case, the prosecution has failed to prove the guilt of the accused beyond a shadow of reasonable doubts for the offence under Section 21 of the NDPS Act.”