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DELHI HIGH COURT
VIBHU BAKHRU
Innocent Uzoma – Appellant
Versus
State – Respondent


JUDGMENT

Vibhu Bakhru, J.

Introduction

1. The appellant has filed the present appeal impugning a judgment dated 23.12.2016 passed by the ASJ, Special Judge (NDPS), Saket Courts, whereby the appellant was convicted under Section 21 (b) of the Narcotics, Drugs and Psychotropic Substances Act, 1985 (hereafter the `NDPS Act') and Section 14 (a) of the FOREIGNERS ACT , 1946. By an order dated 26.12.2016, the appellant was sentenced to undergo four years of rigorous imprisonment and a fine of Rs.50,000/- for the offence under Section 21 of the NDPS Act. And, in default of payment of the said fine, to undergo simple imprisonment for a further period of three months. He was further sentenced to undergo rigorous imprisonment for a period three years and a fine of Rs.10,000/- for the offence under Section 14 (a) of the FOREIGNERS ACT , 1946. And, in default of payment of the said fine, to undergo simple imprisonment for a period of one month. Both sentences were ordered to run concurrently.

2. The Trial Court had found that the appellant was guilty of being found in possession of 25 grams of cocaine. The principal controversy to be addressed in this appeal is whether the appellant's search

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