MANMOHAN, J.

1. Present appeal has been filed challenging the judgment dated 28 February, 2012 and order on sentence dated 5March, 2012 passed by learned Additional Sessions Judge/Special Judge, NDPS (North), Delhi whereby the appellant was convicted under Section 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”) and under Section 14 of Foreigners Act, 1946 and sentenced to undergo two years rigorous imprisonment and a fine of `15,000/-.

2. The brief facts of the present case are that the appellant, a Nigerian national, was apprehended by officials of the Narcotics Cell on 08January, 2011 on the basis of a secret information that appellant had been dealing with supply of cocaine. Fifty two grams of cocaine was recovered from his possession and during investigation, he failed to produce his passport and visa.

The trial Court held the appellant guilty under Section 21 NDPS Act and Section 14 of Foreigners Act.

3. The relevant portion of the impugned judgment is reproduced herein below:-

“25. It is clear from the evidence and the documents, produced on record that due compliance was made to sections 52/55/57 of NDPS Act as the case prope