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A special court sentenced a man to 12 years in jail along with fine of Rs 1.37 lakh for the possession of over 200 grams of cocaine. Honare Igwe Gwahi, an Ivory Coast national, was found guilty under the Narcotic Drugs and Psychotropic Substances Act, for possession of a commercial quantity of drugs.
According to submissions made before the court, on December 31, 2020, the Anti-Narcotics Cell had carried out checks for suspected sale of drugs since it was New Year’s Eve. On January 1, 2021, around 1.20am, the department claimed its officers saw a man sitting in a Nano car in Santacruz.
The police claimed they asked him his name and sought his identification documents, and the man attempted to escape in his car. He was stopped and asked to step out. He had a shoulder bag and when confronted, the man told the police that it had cocaine. During the trial, the police claimed that independent witnesses were then called and a search was carried out as per procedure laid down under the NDPS Act.
The accused through his lawyers had claimed that the procedure was not followed. The court, however, said that it was relying on the chemical analyser’s report which showed that the drug seized from the accused was cocaine and the 202 grams of the drug found in his possession, fell in the category of a commercial quantity of drug, which has higher punishment.
During the probe, police also found that the accused’s valid visa had expired in 2018 and was living in the country illegally thereafter. He was also found guilty under the Foreigners Act and sentenced to three years in jail. While the accused had submitted that he can be exempted under provisions where members of Commonwealth countries are given certain exemptions, the court ruled that Ivory Coast is not a Commonwealth country.
Gwahi was sentenced to the punishment on September 23 and the detailed order was made available on Wednesday.
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