The Bombay High Court has directed a Mumbai trial court to conclude two NDPS cases against a Yemeni national within three months. The court said his prolonged detention in India is causing an unnecessary financial burden on the government.
The Bombay High Court has directed a local magistrate court in Mumbai to speed up the trial against a Yemen national who is facing two narcotics cases, observing that his continued detention in India is putting an unnecessary financial burden on the government.
A Division Bench of Justice A S Gadkari and Justice R R Bhonsale passed the order last week while hearing a petition filed by the accused, Galal Naji Mohammed.
The court noted that since criminal complaints are still pending against him, he cannot be deported to his home country Yemen and must remain in India until the cases are finally decided.
The High Court clearly expressed concern over the cost involved in keeping a foreign national detained for a long period. The bench observed,
“This is causing unnecessary burden on the government exchequer in providing him the basic necessities of life,”
while stressing the need for early completion of the trial.
Taking note of the situation, the High Court directed the concerned magistrate court to complete the trial in both cases within a period of three months. The court also instructed the prosecuting agency to fully cooperate with the trial court to ensure there are no delays in the proceedings.
The accused had approached the High Court seeking directions to the Foreigners Regional Registration Office (FRRO) to grant him a visa.
In his plea, he stated that he had entered India with valid documents but was arrested last year by the Narcotics Control Bureau (NCB) in two separate cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
According to the petition, his visa has already expired. However, because he is facing criminal proceedings in India, his visa has not been extended, and at the same time, he cannot be deported to Yemen until the cases are concluded. As a result, he continues to remain in India without a valid visa.
During the hearing, Advocate Aruna Pai, appearing for the Union government, informed the court about the procedure laid down by the Ministry of Home Affairs for such situations.
She submitted that as per the Standard Operating Procedure, the accused is required to apply for an extension of his visa, and once the application is submitted, it will be processed within three weeks.
The High Court accepted this submission and directed the petitioner to apply for visa extension strictly in accordance with the SOP within one week. The bench further clarified that once the application is submitted, the authorities should process it within the prescribed time frame.
By passing these directions, the Bombay High Court sought to balance the legal process with administrative concerns, while also ensuring that prolonged detention of a foreign national does not result in avoidable expenses for the public exchequer.
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