Crl. Appeal No.617/2004

UOI v Victor Nnamdi Okpo

Page 1 Of 16

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: 16^th August, 2010

Date of Order: September 16, 2010

+ Crl. Appeal No.617/2004

%

16.09.2010

Union of India

...Appellant

Versus

Victor Nnamdi Okpo

...Respondent

Counsels:

Mr. Satish Aggarwala with Mr. Shirish Aggarwal for appellant

Mr. Ankit Khetarpal for respondent.

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment? Yes.

2. To be referred to the reporter or not?

Yes.

3. Whether judgment should be reported in Digest?

Yes.

JUDGMENT

1. The present appeal under Section 378 (4) of the Code of Criminal Procedure,

1973 has been preferred by the appellant Union of India assailing the judgment dated

20^th March, 2003 passed by learned Special Judge, NDPS Act, New Delhi acquitting the

respondent/accused of the charges under Section 21, 23 and 28 of Narcotic Drugs and

Psychotropic Substances Act (“NDPS Act” for short).

2. Brief facts relevant for the purpose of deciding present appeal are that

respondent/accused, a Nigerian citizen holdi