Habeas corpus petition challenging illegal detention of a foreign national dismissed. The Court found the petitioner involved in drug trafficking as a kingpin based on police investigation, concluding confinement was legal.
Writ petition dismissed; law to take its course as petitioner is booked by police.
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Neutral Citation No. - 2023:AHC:135507-DB
Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 492 of 2023 Petitioner :- Mr. Michael Benson Nwaogu Respondent :- State of U.P. Counsel for Petitioner :- Suo Motto
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Pursuant to the earlier orders of this Court dated 26.05.2023 and 16.06.2023, Sri P.C. Srivastava, learned AAG and Sri J.K.Upadhyay, learned AGA has filed written instruction in the matter.
This habeas corpus writ petition was initiated through letter petition addressed to Hon'ble the Chief Justice, Allahabad High Court, Allahabad by Rebecca Lalhnemkim wife of Mr. Michael Benson Nwaogu, a Nigerian citizen. In the letter petition a complaint was lodged against the police official of Beta-II Greator Noida for illegal detention of the aforesaid corpus/husband of the complainant.
After thorough investigation, it was found as per the instruction given by local police of Gautam Budh Nagar that the alleged Michael Benson Nwaogu is a Nigerian citizen is a master mind and king pin of the drugs and FIR was registered against total 10 named accused persons. There are as many as 10 persons named in the FIR was registered as case crime no. 265 of 2023 at P.S. Beta-II, Greator Noida. All the named accused persons are foreign nationals (Nigerian Citizens). After catching hold of them, when the police strictly grilled them, confessed their involvement, the drugs trafficking. Besides their own involvement, all of them directly or indirectly establish the involvement of complainant's husband Mr. Michael Benson Nwaogu as king pin and a mater mind. A foreign national in the garb of his regular work, also indulge in drug traffickin. In fact husband of the complainant, is in fact an outlawed person, who is rather king pin of the racket. In addition to this, there was huge quantity of the recovery of psychotropic substance from the Etios Car bearing no. DL12CD 1627 which belongs to the complainant herself. A huge amount of psychotropic substance were recovered from these named accused persons total 77 kgs. of MDMA, a synthetic drugs, a psychotropic substance. Total market value of 600 Crore in the international market. These are the argument advanced by the learned AGA.
The Court is impressed by the development made by the police. the petitioner is justifiably booked by the police and the law would take its own course. The Court is of the considered opinion that complainant's husband confinement in jail cannot be said to be in the illegal custody of the police.
In view of the above, the law would take its own course against the alleged detenu and it cannot be said that he is illegal confinement accordingly, the present habeas corpus writ petition is devoid of merit and accordingly DISMISSED .
Order Date :- 10.7.2023/Abhishek Sri.
Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is in illegal custody of the police.
Michael Benson Nwaogu
State of U.P.
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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