Mohali: Nigerian national sentenced to 3-yr RI in NDPS case

The convict has been identified as Joel Osagie Omeleman, aged 45, a resident of Lagos, Nigeria, presently residing in Tilak Nagar, New Delhi.

A special court in Mohali has convicted a Nigerian national for possessing heroin, cocaine and methamphetamine and for staying in India without valid travel documents, sentencing him to rigorous imprisonment of up to three years with all sentences to run concurrently.

According to the prosecution, on November 3, 2023, an STF team led by ASI Kamaljit Singh was present near the bus stand, Phase-8, Mohali, when the officer received a secret tip-off that the accused was standing in City Park, Sector-68, Mohali waiting to supply narcotic substances to customers. (Getty Images/iStockphoto)

The convict has been identified as Joel Osagie Omeleman, aged 45, a resident of Lagos, Nigeria, presently residing in Tilak Nagar, New Delhi. The case pertains to dated November 3, 2023 registered at STF Police Station, Phase-4, SAS Nagar, under Sections 21(b), 27 and 31 of the NDPS Act and Section 14 of the Foreigners Act, 1946.

According to the prosecution, on November 3, 2023, an STF team led by ASI Kamaljit Singh was present near the bus stand, Phase-8, Mohali, when the officer received a secret tip-off that the accused was standing in City Park, Sector-68, Mohali waiting to supply narcotic substances to customers. Acting on the information, the police conducted a raid and apprehended the accused, who attempted to flee on seeing the police.

During the search, the police recovered 10 grams of heroin, 17 grams of cocaine and 30 grams of methamphetamine (ICE) from a transparent polythene bag in the accused’s possession. The accused disclosed that he was waiting for customers to supply the contraband. The police followed statutory procedures under Sections 42 and 50 of the NDPS Act, prepared sample parcels, sealed the recovered substances and arrested the accused.

During the investigation, the accused failed to produce any passport or visa, leading to the addition of Section 14 of the Foreigners Act. His medical examination showed a positive dope test for THC, resulting in the addition of Section 27 of the NDPS Act.

The court noted that during police custody, the accused disclosed his involvement in earlier cases, including FIR No. 42 of 2018 in which he was convicted and sentenced to 10 years’ imprisonment, and under the Prison Act. The court further recorded that the accused admitted to having falsely disclosed his name and parentage to evade liability in the present case.

During arguments on the quantum of sentence, the defence sought leniency, stating that the convict was unmarried and the sole breadwinner for his elderly parents residing in Nigeria. The prosecution opposed the plea, citing the nature of the offence, the quantity of contraband and the absence of valid travel documents.

The court observed that drug abuse poses a serious threat to society, economic stability and national security, noting that narcotics generate unaccounted money and fuel crime and violence. The court held that sentencing must have a deterrent effect and maintain proportionality between the offence and punishment.

The court sentenced the convict to three years’ rigorous imprisonment under Section 21(b) NDPS Act, three years under Section 22(b), six months under Section 27 NDPS Act and two years under Section 14 of the Foreigners Act, along with fines. All sentences will run concurrently.