The Delhi High Court has clearly stated that just being a foreign national is not a valid reason to deny bail under the Narcotic Drugs and Psychotropic Substances Act, 1985, especially when the passport of the accused has already been seized.
The decision came in a case involving a woman from Kyrgyzstan who was arrested in an NDPS case. The Court, while granting her bail, strongly rejected the argument that her foreign citizenship alone could be a reason to refuse her liberty.
"This Court, while not discounting the concerns raised, is also cognizant of the fact of being a foreign national cannot be a ground to deny bail, specifically when the passport of the petitioner has been seized,"
— Justice Shalinder Kaur
The prosecution had argued that since the accused is a foreigner, there was a high risk of her fleeing from India if granted bail. They claimed that she could easily escape the legal process.
However, the Court took a practical view and emphasized that since her passport was already with the authorities, the fear of absconding was not a strong enough ground to deny bail. The case shows the Court's balanced approach, ensuring both legal fairness and public interest.
The woman had been booked under serious charges. An FIR was registered in November 2024 under Sections 20, 25, and 29 of the NDPS Act. These sections relate to illegal possession of cannabis, using premises for committing an NDPS offence, and criminal conspiracy.
The Court noted that the trial was still at an early stage and that keeping her in jail without strong reason would serve no meaningful purpose. It also mentioned that continued incarceration, in this case, was unnecessary and unjustified.
"Accordingly, in view of the entire conspectus of facts and circumstances as noted hereinabove, the petitioner is admitted to Regular Bail… on her furnishing a personal bond in the sum of ₹30,000/- with two surety bonds of the like amount…"
— Delhi High Court
The Court’s view sends a clear message that all accused, including foreign nationals, must be treated fairly and equally under the law, and that preventive detention cannot be justified based solely on nationality.
The bail was granted by Justice Shalinder Kaur. The petitioner was represented by Advocates Mr. Aditya Aggarwal, Ms. Kajol Garg, Mr. Naveen Panwar, and Mr. Mohd. Yasir. The State was represented by Mr. Satish Kumar, APP.
Title: CHOLPON BISHT v. STATE GOVT OF NCT OF DELHI
