NIGERIAN LAWYER IN INDIAN COURT—"GO BACK TO YOUR COUNTRY, ONLY IF?"

[00:00:00]My lord, in this case, what is innocent MDMA?

[00:00:03]>> Innocent Madhav.

[00:00:04]>> Madhav?

[00:00:05]>> Madhav. Yes, yes, your lordship.

[00:00:06]>> Case is MDMA.

[00:00:08]>> Yes, my lord. It is a >> So, why you call yourself innocent?

[00:00:11]Which country you come from?

[00:00:12]>> Nigeria.

[00:00:13]>> You should go back now.

[00:00:14]>> My lord, he has been in detention for 1 and 1/2 >> now. You are in detention center not for any good deed or a mistaken deed. You're selling MDMA and caught.

[00:00:24]>> [music] >> My lord, in this case, >> Ah, yes. What is innocent MDMA?

[00:00:35]>> Innocent Madhav.

[00:00:36]>> Madhav?

[00:00:37]>> Madhav. Yes, yes, your lordship.

[00:00:39]>> Mhm.

[00:00:40]Your case is MDMA. NDPS.

[00:00:43]>> Yes, my lord. It is a >> So, why you call yourself innocent?

[00:00:47]>> No. My lord, if your lordship may kindly see the factual matrix of the case, >> Matrix?

[00:00:54]>> My lord, >> Gautam Dev Ullalil.

[00:00:56]>> My lord, kindly kindly see.

[00:00:59]>> Yes, sir.

[00:01:00]>> The offense alleged by the respondent number one, according to them, happened on the 27th of March, 2023.

[00:01:06]>> So?

[00:01:06]>> However, on 28th of March, the petitioner was found to be in the custody of respondent number two, FRRO.

[00:01:15]>> Yeah.

[00:01:16]>> Now, on the >> Which which country you come from?

[00:01:18]>> Nigeria.

[00:01:19]>> You you should go back now.

[00:01:21]>> Yes, your lordship.

[00:01:22]>> In terms of the SOP, we'll send you back unless the punishment is beyond 7 years.

[00:01:26]>> No. What I'm saying, my lord, >> You may say anything. Wait.

[00:01:30]>> Yes.

[00:01:33]>> Parimala, if it is below 7 years, let him go out of the country.

[00:01:36]And if he's here, he's not innocent anyway. He will sell MDMA only.

[00:01:41]Yes.

[00:01:42]Yes, Gautam.

[00:01:43]>> Pass over, my lord.

[00:01:43]>> Pass over, why?

[00:01:45]>> My lord, I just >> Get your Get instructions with regard to the offense and the SOP. If you want any clarification, ask Shanti Bhushan.

[00:01:54]All right?

[00:01:55]>> Yes.

[00:01:55]>> My lord, I have >> Pass over.

[00:01:56]>> The Okay.

[00:01:59]>> Yes.

[00:01:59]>> I'll request your lordship to kindly see the facts when the >> No, sir. Not at all.

[00:02:05]>> Because I >> The only only relief you can get in terms of the SOPs, you should go out of the country.

[00:02:10]>> Yes, my lord. I want to go out of the country. However, my lord, the offense booked is a commercial quantity. So, commercial quantity is not you'll be here only.

[00:02:18]>> Yes.

[00:02:18]>> So, so, get instructions and come.

[00:02:20]>> That's why I'm requesting your lordship to look at >> not There's no question of stay. Trial has commenced.

[00:02:24]>> I'm not asking for stay, your lordship.

[00:02:26]>> Then what do you want now?

[00:02:27]>> I want to quash the thing uh >> Oh, you higher relief. Wait. Wait.

[00:02:31]>> Yes, my lord.

[00:02:32]>> Very good. The petitioner is before the court seeking the following prayer.

[00:02:37]The learned HCGP on instructions and verification of the records would submit that the trial has commenced and the trial has commenced and the evidence is on. The ugly allegation against the petitioner is uh is the recovery of MDMA from his hands in the from his hands in the year 2023 and the in the light of the trial pending, there is no warrant of interference seeking quashment of the proceedings under section 528 of the BNSS. In the light of the judgment of the apex court in the case of Meenakshi Bala, whatever be the reason. Therefore, the petition stands disposed with a direction with the liberty to the petitioner to urge all the contentions before the concerned court during the trial. Ordered accordingly. Next.

[00:03:20]>> Your honor, I your lordship, I request one relief. If your lordship is inclined to dispose it off, I request your lordship to give a direction to the trial court to to dispose it off within just like in the previous case, 6 weeks.

[00:03:34]>> Not necessary. Yes. Next.

[00:03:36]>> No, my lord. See, no, that's my lord.

[00:03:38]My lord, he has been in detention for 1 and 1/2 years.

[00:03:41]>> now.

[00:03:42]Yes.

[00:03:44]You are in detention center not for any good deed or a mistaken deed. You're selling MDMA and caught.

[00:03:50]>> No, my lord. Your lordship >> Next. Next.

[00:03:55]>> This case involved a Nigerian national who approached the High Court seeking to squash an NDPS case registered against him for the alleged possession of a commercial quantity of MDMA. At the very beginning of hearing, the petitioner's lawyer argued that his client was innocent and requested the court to examine the factual background of the case. However, the judge questioned how the petitioner could claim innocence when he was facing serious allegations under the NDPS Act. During the hearing, the court also discussed whether the petitioner, being a foreign national, could be sent back to his home country under the applicable standard operating procedure. It was clarified that since the case involved a commercial quantity of MDMA carrying a punishment exceeding 7 years, that option was not available.

[00:04:34]The state informed the court that the criminal trial had already commenced and evidence was being recorded. [music] Accepting the submission, the High Court refused to squash the proceedings holding that there was no reason to interfere at this stage [music] and that the petitioner was free to raise all his legal defenses before the trial court.

[00:04:49]The petitioner's lawyer then requested a direction [music] for an expedited trial, but the court declined, made some strong oral observations regarding the allegations, and proceeded to the next matter.

[00:04:59]>> [music] [music]