Kerala High Court
Ifeoma Queen Anozie vs Director, Directorate Of Revenue ... on 3 April, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
WP(CRL.) NO. 1232 OF 2023(S)
PETITIONER/ACCUSED NO.2:
IFEOMA QUEEN ANOZIE, AGED 33 YEARS, D/O. MR. ANOZIE,
NO.2, UBAKALA STREET, UMUAHIA, ABIA STATE, NIGERIA
PRESENTLY DETAINED AT WOMEN'S PRISON AND CORRECTIONAL HOME,
VIYYUR, THRISSUR, PIN - 680 010.
RESPONDENTS/COMPLAINANT:
1. DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE (DRI), REPRESENTED BY
SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031.
2. FOREIGNERS REGIONAL REGISTRATION OFFICER, OFFICE OF THE FRRO COCHIN
INTERNATIONAL AIRPORT, NEDUMBASSERY, PIN - 683 111.
3. HIGH COMMISSIONER, NIGERIAN HIGH COMMISSION EP 4, CHANDRAGUPTA MARG,
CHANAKYAPURI, NEW DELHI, DELHI, PIN - 110 021.
4. JAIL SUPERINTENDENT, WOMENS PRISON AND CORRECTIONAL HOME, VIYYUR,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682
031.
5. STATION HOUSE OFFICER, VIYYUR POLICE STATION, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031.
ADDITIONAL R6 IMPLEADED
6. THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NIRMAN
BHAVAN, NEW DELHI.
ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 19/12/2024 IN
WP(CRL.) 1232/2023.
Writ petition (criminal) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(Crl.) the High Court be
pleased to direct the Respondents to shift the Petitioner to a detention
centre till she is deported to Nigeria, where she may be permitted to
contact her family or grant any other appropriate remedy this Hon'ble Court
deems fit in the interest of justice.
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(Crl.), this Court's order
dated 19/03/2024 and upon hearing the arguments of M/S. V.JOHN SEBASTIAN
RALPH, VISHNU CHANDRAN, RALPH RETI JOHN, APPU BABU, GIRIDHAR KRISHNA KUMAR,
VISHNUMAYA M.B., GEETHU T.A., & APOORVA RAMKUMAR, Advocates for the
petitioner, SRI.K.S.PRENJITH KUMAR, CENTRAL GOVERNMENT COUNSEL for R2,
SRI.T.A.SHAJI, DIRECTOR GENERAL OF PROSECUTION & SRI.P.NARAYANAN,
ADDITIONAL PUBLIC PROSECUTOR for R4 & R5 and of DEPUTY SOLICITOR GENERAL OF
INDIA for R6, the court passed the following:
K.BABU, J.
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WP(Crl.).No.1232 of 2023
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Dated this the 3rd day of April, 2024
ORDER
The petitioner is a Nigerian citizen. She was charged for
the offences punishable under Sections 21, 23, 28 and 29 of the
NDPS Act. She faced trial for the offences before the Additional
Sessions Court-VIII, Ernakularm. As per the judgment dated
29.07.2023 in S.C.No.751 of 2022, the learned Sessions Judge
acquitted her under Section 235(1) Cr.P.C. The Sessions Court
directed that she shall be released from custody forthwith, if
her further detention is not necessary in connection with any
other case. The learned Sessions judge also directed to
handover the petitioner to the Nigerian Embassy in India for
deportation to Nigeria. It is submitted that the petitioner is now
staying in Gandhi Bhavan, an NGO at Pathanapuram in Kollam
district, as directed by this Court. The petitioner seeks a
direction to the respondents to deport her to her home
country(Nigeria).
2. The learned Public Prosecutor submitted that she is not
required in India for any other cases. Therefore, additional
respondent No.6 is directed to take necessary steps to see that the
petitioner is deported to Nigeria within a period of one month from
this day.
Post on 25.05.2024.
Sd/-
K.BABU,
JUDGE
saap
03-04-2024 /True Copy/ Deputy Registrar
