The Supreme Court on Monday issued thirteen binding directions overhauling how courts across the country verify sureties when granting bail to foreign nationals accused under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
The Bench of Justices Sanjay Karol and Augustine George Masih tightened the verification and background checks of such accused as well as the sureties so as to ensure that such accused foreign nationals do not abscond after getting bail.Pertinently, the Court directed that anyone standing surety for a foreign accused will have a lien created on their property equal to the bond amount.
The 13 binding directions issued by the Court include: A foreign accused's passport must be deposited with the trial court, with any travel overseas requiring the court's prior permission,the accused must register with the Foreigners Regional Registration Office within a week of release and inform the investigating officer and the court in writing, the FRRO must build a portal, in consultation with government departments, two sureties are mandatory for a foreign accused, Surety verification must be completed within three days.
Besides, the accused's residential address and contact details in India must be physically re-verified within three days of the bail order, the accused must file an affidavit disclosing sources of income or funds in India and details of any bank accounts held here, the investigating officer must formally inform the accused's embassy of the case against them.
It has also been directed that Law Ministry and the National Informatics Centre must create a centralised database recording particulars of every accused and every surety in NDPS cases involving foreign nationals. Where a surety is later found to be fake, all officials involved in verifying them, whether police, court staff or revenue officials, must face departmental inquiry, the Home Ministry and state counterparts must issue guidelines for proceeding against erring officials.
The Court was hearing the Union of India's appeal against a Bombay High Court order granting bail to a foreign national, one Chidiebere Kingsley Nawchara.He was arrested in March 2023 after nearly five kilograms of heroin was recovered from an associate at Mumbai airport.
The case reached the Supreme Court after the Bombay High Court granted Nawchara bail. During the appeal, the apex court stayed that order and directed his arrest, but a look-out circular failed to trace him.Thus, what started as an appeal against the grant of bail turned into bail cancellation proceedings once the Court found Nawchara had jumped bail.
The Bench clarified that its directions and suggestions are confined only to accused who are foreign nationals involved in cases concerning a commercial quantity of contraband under NDPS Act.Thus, the ruling does not apply to Indian nationals or to non-commercial quantity cases.
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