A Delhi court has sentenced a Nigerian to three years in jail and fined ₹10,000 for staying here without a visa.
However, accused Darlington Chiemezie will remain in jail for only six months as he has been in jail for the last two-and-half years. His already served jail term will be deducted from the total sentence under Section 428 of the Cr.P.C.
The Crime Branch of the Delhi Police had arrested him in October 2016 with 104 gms of cocaine but the court acquitted him of this charge as the prosecution had failed to prove it.
“I have considered the arguments and I have perused the record. Considering the facts of the case, I am of the opinion that the convict is not entitled to leniency. The maximum punishment under Section 14 of Foreigners Act 1946, is imprisonment up to 5 years and fine. In my view, sentencing the convict to imprisonment for three years and a fine of ₹10,000 would serve the ends of justice,” Additional Sessions Judge Rajesh Kumar Singh said in his sentence order.
“In default of payment of fine, the convict shall undergo rigorous imprisonment for 15 days. Benefit of Section 428 of the Cr.P.C. be given to the convict. On completion of sentence, he be handed over to FRRO for deportation, if not required to be detained in any other case,” the Judge said.
Convicting the accused for not possessing a visa on the date he was arrested, the Judge said: “It is held that prosecution has failed to prove the charge against the accused under Section 21 (c) of NDPS Act beyond reasonable doubt and the prosecution has successfully proved the charge under Section 14 of The Foreigners Act 1946, beyond reasonable doubt.’’