The Delhi High Court has set aside a trial court's order of 10 years jail to a Nigerian national for possessing 292 gms of heroin in 2007 on the ground that prosecution was unable to explain the considerable variation in the purity of the drugs.
A bench of Justice S Muralidhar set aside the trial court order which had awarded 10 years to Nnadi K Iheanyi and had also imposed a fine of 1 lakh on him.
"The court, on a careful perusal of the evidence of the expert evidence in the present case is not satisfied that the prosecution has been able to explain the considerable variation in the purity percentages of DAM (diacetylmorphine) in the two samples sent for testing," the bench said.
"The impugned order dated September 29, 2010 convicting the appellant and the order on sentence dated October 6, 2010 are hereby set aside. The appeal is accordingly allowed," the bench said.
According to police, Narcotics Control Bureau got a tip-off that Nnadi, would come from Chandigarh by bus at Kashmere Gate here with a huge quantity of heroin in order to deliver it to someone.
On receiving the information, the officers of the raiding party laid a trap and nabbed him. When the search was conducted, he was found in possession of 292 gms of heroin, the police said.
While allowing Nnadi's appeal, the court also said it is "inclined to give benefit of doubt to him as the confessional statement made by him is not shown to be voluntary".
