Nigerian awarded 10-yr RI for smuggling heroin

Tribune News Service

Chandigarh, December 20

A local court today awarded 10-year rigorous imprisonment (RI) to a Nigerian in a drug smuggling case.

The court of Additional District and Sessions Judge Ajit Atri also imposed a fine of Rs 1 lakh on the convict, identified as Eze Uchenna James.

According to the prosecution, the Narcotics Control Bureau (NCB) had registered a case under Sections 8, 21 and 29 of the NDPS Act against Eze Uchenna James and Raphel Emeka, both Nigerians, on June 7, 2017.

The investigating officer had received information that one person named Uchenna James (40), a heroin smuggler, would deliver 400 grams of heroin in Sector 17 on June 7, 2017.

A team of the NCB reached Sector 17 and saw a Nigerian carrying a brown bag on his shoulder. The team surrounded him. When questioned, he informed to have brought the heroin from New Delhi and it was to be handed over to a person, Happy Singh. The team recovered 415 grams of heroin from him.

He told the NCB that he got in touch with Raphel Chekwu, who was a heroin seller. He stated that Raphel had given him heroin to sell it to Happy Singh in Chandigarh.

Kailash Chander, Special Public Prosecutor, NCB, said Eze disclosed that he got heroin from Raphel, but the latter was traced to Hisar jail and there was no contact between the two for at least 20 days before his arrest.

As there was no recovery from Raphel and the NCB failed to establish any connection between the two with regard to the heroin seizure, the court had acquitted Raphel.

Eze submitted in the court that he is not a previous convict nor having any criminal antecedents. He is the sole bread earner of his family, which resides in Nigeria, and he intends to go back to join them. So, lenient view be taken in the matter of sentence.

The Special Public Prosecutor submitted that a huge recovery was made from the convict, which is commercial quantity and he should be given maximum sentence.

After hearing the arguments, the court observed: “The recovery of the contraband from the conscious possession of the convict is 415-gram heroin, which is a commercial quantity as per the Act. Nothing has been brought on record to show that he is a previous convict. The convict has prayed for leniency. One of the prime objects of the criminal law is imposition of an appropriate, adequate and appropriate sentence commensurate with the nature and gravity of the offence.”

“The social impact of the crime under the NDPS Act is not only on the health of society but also on the social order and public interest. Keeping in view the provisions as well as the quantity of heroin recovered from the convict, he is sentenced to undergo 10-year rigorous imprisonment under Section 21(c) of the NDPS Act with a fine of Rs 1 lakh,” read the order.