An Indian court has sentenced a 34-year-old Nigerian national, Godwin Chukwu, to five years of rigorous imprisonment for illegally entering the country and possessing a forged passport, even though he was acquitted of serious drug trafficking charges.
According to a report published on Sunday by the Times of India, Chukwu was arrested in 2021 on suspicion of being in possession of 151 grams of cocaine, a quantity classified under Indian law as a “commercial amount.” However, after a lengthy trial that spanned several years, the Special Narcotic Drugs and Psychotropic Substances (NDPS) Court presided over by Judge K.G. Joshi, found the prosecution’s evidence on the drug charges to be deeply flawed and insufficient.
While Chukwu was cleared of the narcotics charges, the court found him guilty under the Foreigners Act for entering and staying in India without a valid visa or passport. He was also found in possession of two passports—one expired and one deemed to be forged. The court ruled that the forged passport did not appear to have been issued by the Nigerian government.
In his judgment, Judge Joshi noted several procedural lapses in the drug investigation that ultimately undermined the prosecution’s case. The prosecution had claimed that Chukwu was apprehended following a tip-off that he would be delivering cocaine at a particular location in 2021. Based on this information, the police conducted a raid and alleged that cocaine was seized from him during the operation.
Indian Court Sentences Nigerian to Five Years for Illegal Entry and Forged Passport Use
However, the judge criticised the investigation, pointing out that there were serious discrepancies, including a lack of proper authorisation for the house search. The court noted that no formal permission had been taken from a superior authority before the police entered Chukwu’s residence.
Further weakening the case, no physical samples or the alleged bulk quantity of drugs were presented before the Magistrate for inventory, a violation of mandatory procedures under the NDPS Act. The judge remarked that non-compliance with these statutory requirements invalidated the credibility of the trial.
“It was the prosecution’s case that Chukwu was arrested on October 8, 2021. The police kept a watch on him after receiving secret information that he would be arriving at the location to sell cocaine,” the report quoted the court as saying.
But the judge added that the approach of the investigating team lacked seriousness and diligence. “This casual approach of the investigating team creates doubt about their seizure and search activity,” Judge Joshi observed. “Except for oral testimony, there is no document showing that PW-6 (Investigating Officer) had made a call to an official superior and received orders.”
Despite being cleared of drug-related offenses, the court stressed the seriousness of Chukwu’s immigration violations. The court ruled that his illegal entry and use of forged documents posed a threat to national security and public order. Chukwu was found to have entered India without valid travel documents, and his possession of two questionable passports raised further suspicion about his intentions.
“The offences punishable under the provisions of the Foreigners Act are stringent in providing punishment to curb the menace of illegal entry and residence in India, to prevent the harm caused to society,” the judge stated.
The court also criticised Chukwu’s conduct during the trial, noting that his actions contributed to delays in the proceedings. According to the judgment, Chukwu and the prosecution were both responsible for the repeated adjournments due to their failure to secure the timely presence of witnesses.
“The record of the proceedings shows that he has contributed to the protracting and prolonging of the hearing of the trial, along with the prosecution and investigating machinery in securing the presence of prosecution witnesses,” the judgment added.
In conclusion, Judge Joshi ruled that the investigation into the drug charges was not “reliable and trustworthy”, and therefore acquitted Chukwu of those charges. However, the conviction for illegal entry and possession of a forged passport resulted in a five-year rigorous imprisonment sentence.
Chukwu’s case has sparked discussions in legal and immigration circles about the importance of upholding due process while also enforcing immigration laws. The judgment serves as a reminder of the stringent penalties under India’s Foreigners Act and highlights the critical importance of procedural compliance in criminal investigations.
At the time of this report, it was unclear whether Chukwu intended to appeal the sentence or if he would face deportation after completing his prison term.
