A Nigerian, arrested for allegedly possessing drugs, has been sentenced to 3-year imprisonment by a Delhi court for illegally staying in India since 2016 without a valid visa.
Additional Sessions Judge Rajesh Kumar Singh convicted Darlington Chiemezie under section 14 (staying in India after the expiry of visa) of the Foreigners Act and said that he be deported to his country after completion of his sentence.
"The accused did not claim that he had entered India on a valid visa or that at the relevant time, he had a valid visa. He also did not produce his passport," the court said.
"It has also been seen that even if his contention that he had come to India in 2015 on a visa valid for six months is accepted, the inescapable conclusion is that at the time of his apprehension and arrest in this case, he had no valid visa for his stay in India. He committed the offence under section 14 of the Foreigners Act and the prosecution has successfully proved this charge beyond reasonable doubt," it said in a recent order.
The court also imposed a fine of Rs 10,000 on the convict.
Chiemezie was arrested in October 2016 for allegedly possessing contraband drugs. The police claimed that cocaine weighing 104 grams was recovered from him.
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However, the court has acquitted him for the charges of illegal possession of contraband drugs.
During questioning, he could not produce valid visa for his entry and stay here.
According to the prosecution, the police had written letters to the Foreigner's Regional Registration Office (FRRO) and to Nigerian High Commission but no information could be obtained regarding his entry and exit from the country.
Chiemezie had claimed that he came to India in 2015 on a genuine passport and a valid visa and he had lost the passport while shifting his residence.
He further claimed that on the day of his arrest, the police officials had forcibly taken him to an unknown place and obtained his signature on some blank and typed papers.
The Nigerian had told them that he could make effort to search the passport if he was taken to his house but he claimed that they refused to take him to his house.
He also claimed that he was not carrying the contraband drugs and recovery has been planted.
While in custody, he was later issued a new passport by the Nigerian High Commission after his lawyer had moved an application for the same.
"The issue in respect of the charge under the Foreigners Act, is whether at the time of his apprehension, the accused had valid permission to remain in India. When asked, the accused stated that he came to India on a valid visa for six months... Even, if his submission that he had valid visa for coming to India is accepted, it is clear that as on October, 2016 he had no valid visa for his stay in India," the court said.
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