After 15 years, Nigerian held with 11g cocaine gets 2 years jail

Panaji: Fifteen years after Nigerian national Samuel Kelvin was caught with 11g of cocaine, a Mapusa court sentenced him to two years of rigorous imprisonment and fined Rs 50,000, reports Lisa Monteiro. Kelwin was caught during routine surveillance in Arpora after police found his movements suspicious on Nov 26, 2010.

The seized narcotics were sent for examination to the Central Forensic Science Laboratory, Hyderabad, and the result revealed that it was cocaine.The court stated that the prosecution proved beyond reasonable doubt that cocaine of variable quantity was recovered from his possession and held that the police strictly followed all procedural safeguards required by the NDPS Act.The court held that the mere fact that he has to look after his wife and three children cannot be grounds to show leniency while awarding punishment to him.

“The ill-effects of the use of narcotic drugs are known. The drug menace in society has to be curbed. One cannot lose sight of the fact that drug abuse has adverse effects on society,” the court stated.“A stringent view while awarding punishment to an offender who has been found in illegal possession of narcotic drugs will have a deterrent effect not only on the said offender but also on others. However, the quantity of cocaine found in the possession of the accused is taken into consideration while imposing the sentence,” stated Dvijple V Patkar, addl sessions judge and special judge, NDPS, Mapusa.

Kelwin’s lawyer suggested that leniency be shown to him while imposing a sentence as he has three children and, apart from his wife, there is nobody to care for them. This is the first offence he was convicted for, and the quantity of narcotics is a little more than ‘small quantity’ but less than ‘commercial quantity’.Public prosecutors R D’Souza and J Santamaria argued that there are two other similar cases pending against him in other courts and that he did not appear before the court during the trial.

A proclamation was issued against him, and they argued that maximum punishment should be awarded to him to act as a deterrent for others, as narcotics are ruining society and that future generations need to be protected.The court stated that the period of detention undergone by him be set off against his sentence of imprisonment. He spent six days in 2010 and 409 days between 2023 and 2024.Then police sub-inspector Chandrakant Gawas was the complainant and investigating officer in the case.