look news india
Mumbai: The Bombay High Court has ordered the release of two Nigerian nationals who were detained for offenses under the Narcotic Drugs and Psychotropic Substances (NDPS) Act despite serving long jail sentences.
The court said, depriving a person of his liberty out of fear that the accused will flee or commit some other crime is extremely unjust. The detention of the applicants is not consistent with constitutional rights as they are subject to deportation proceedings and are deprived of the right to free communication.
Both were caught in 2019. He was in custody after a case was registered for possession of 1.005 kg of cocaine. They were booked for violating NDPS, foreign laws and provisions of the Indian Penal Code and the Passport Act.
On November 11, the Sessions Court acquitted both of them under the NDPS Act, but convicted them under other laws and sentenced them to five years and six months in jail.
The trial court held that he was in custody during the investigation and therefore should not suffer further imprisonment. Since he was living in India illegally, he was directed to be sent home. An application was filed in the High Court regarding his detention despite the orders of the Sessions Court.