Bombay High Court Upholds 10-Year Sentence for Nigerian National in LSD Possession Case
In a significant ruling, the Bombay High Court has dismissed a criminal appeal filed by a Nigerian national challenging his conviction and 10-year prison sentence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court confirmed the judgment of the sessions court, which had convicted Innocent Amamchukwu Umesegha, also known as Amamchukwu Okeke, in 2021.
Background of the Case
The case dates back to 2015 when the accused was found in possession of 2.2 grams of LSD liquid in Siolim. The substance was valued at approximately Rs 2.7 lakh in the international market, highlighting the severity of the offense under the stringent NDPS Act.
Court's Observations and Ruling
During the appeal, the high court did not accept the appellant's contention that the Central Forensic Science Laboratory (CFSL) report contained discrepancies. Justice Ashish S. Chavan, presiding over the case, noted that the scientific officer who conducted the tests on the substance was cross-examined at length by the defense.
The officer provided a categorical opinion that the substance tested positive for the presence of LSD, detailing the various tests performed and the observations recorded. The court emphasized that the officer proved his report, forwarding letters, and certificate of authority during the proceedings.
"He gave a categorical opinion that the substance tested positive for the presence of LSD. He also deposed about the various tests that he carried out on the sample and the observations recorded therein," stated Justice Ashish S. Chavan in the judgment.
Implications of the Decision
This ruling reinforces the strict enforcement of the NDPS Act in India, particularly in cases involving international drug trafficking. The dismissal of the appeal underscores the judiciary's commitment to upholding convictions based on robust forensic evidence and thorough legal scrutiny.
The case serves as a reminder of the severe penalties associated with drug-related offenses in the country, aiming to deter such activities and protect public health and safety.
