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$~56

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 23^rd January, 2024

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W.P.(CRL) 21/2024

PRINCE BEN NNAKA

..... Petitioner

Through:

Mr. Aditya Singh Deshwal and

Ms. Ridam Arora, Advocates.

versus

STATE NCT OF DELHI & ANR.

..... Respondents

Through:

Ms. Rupali Bandhopadhya, ASC

(Crl.) for State with Mr. Abhijeet Kumar,

Advocate with Insp. Subhash Chandra, Cyber Cell,

Crime Branch.

Ms. Richa Dhawan, Advocate for R-2 with Insp.

Satish Kumar, FRRO, Delhi.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J. (ORAL)

1.

This petition has been filed by the Petitioner under Article 226 of the

Constitution of India read with Section 482 Cr.P.C. assailing an order dated

20.12.2023 passed by learned Additional Sessions Judge, South West

District, Dwarka Courts, Delhi, with a consequential direction to release the

Petitioner from the detention centre.

2.

Background facts necessary and relevant for deciding the present

petition are that Petitioner is a Nigerian national married to Ms. Poutholiu

Digitally Signed by:KAMAL

KUMAR

Location:

Signing Date:25.01.2024

17:57:26

Signature Not Verified

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Newmai and has a three years old daughter. A complaint was received from

Sh. Bharat Bhushan Kaul alleging that he had been cheated and duped to the

tune of Rs.1,27,62,027/- by a group of accused persons who hatched a

criminal conspiracy against him on the pretext of selling UKPA Natural

Seeds which are used in manufacture of Anti HIV therapy, Parkinson and

Ebola diseases etc. FIR No. 481/2016 was registered on this complaint under

Sections 420/467/468/471/120B IPC at PS: Vikaspuri. Petitioner was

granted bail on 30.01.2018 by learned CMM, South West District, Dwarka

Courts. Petitioner was thereafter arrested in another case under Section 14 of

the Foreigners Act, 1946 (hereinafter referred to as the ‘Foreigners Act’) in

case FIR No. 55/2021, registered at PS: Maidangarhi.

3.

Learned M.M., South District, Saket Courts vide order dated

07.04.2021 convicted the Petitioner as he pleaded guilty and did not claim

trial. On the same day, Petitioner was sentenced to imprisonment for the

period already undergone by him in judicial custody along with a fine of

Rs.500/- for offence under Section 14 of the Foreigners Act. It was further

directed that the concerned IO/SHO, PS: Maidangarhi will receive the

custody of the convict from jail on 08.04.2021, in case he was not required

to be detained in any other case and to take the convict to the deportation

centre. It was further directed that if Petitioner was not required to be

detained for the trial in case FIR No. 481/2016, PS: Vikaspuri, DCP, FRRO

would make appropriate arrangement to deport him to his parent country at

the earliest.

4.

Petitioner thereafter filed an application for his release and on

30.04.2021, the learned CMM, South West District, Dwarka Courts in case

Digitally Signed by:KAMAL

KUMAR

Location:

Signing Date:25.01.2024

17:57:26

Signature Not Verified

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pertaining to FIR No. 481/2016 directed the office of FRRO to release the

Petitioner as per established law/rule and practices considering that

Petitioner had been convicted and sentenced to imprisonment undergone and

had paid the requisite fine in respect of FIR No. 55/2021 and was on bail in

case FIR No. 481/2016, subject to a caveat if he was not required in any

other case. Subsequently, an application was filed by FRRO seeking

clarification of order dated 07.04.2021, by which Petitioner was convicted

and ordered to be kept in deportation centre. This application was disposed

of by learned M.M., South District, Saket Courts on 11.05.2021 clarifying

that since Petitioner had been ordered to be deported by order dated

07.04.2021, he could not be released from the deportation centre and was

liable to be deported as and when the trial of the other case, if any, was

co