The Bombay High Court has directed a local magistrate’s court to expedite trial in two narcotics cases against a Yemeni national, observing that his continued stay in India pending adjudication is straining public resources. The court also asked the Foreigners Regional Registration Office (FRRO) to process his visa extension within three weeks once he applies.
A Division Bench of Justices A.S. Gadkari and R.R. Bhonsale passed the order on December 23 while hearing a petition filed by Galal Naji Mohammed under Article 226 of the Constitution. The petitioner sought directions to the FRRO, Mumbai, to grant him a visa after his earlier visa expired.
According to the petition, Mohammed entered India legally with valid documents but was arrested last year in two cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act by the Narcotics Control Bureau (NCB). The cases involve offences under Sections 8(c) read with 22(a), 23(a), 28 and 29 of the Act.
Complaints have been filed before the Metropolitan Magistrate, 8th Court, Esplanade, Mumbai, and are to be tried summarily under the Criminal Procedure Code.
The Bench noted that since the complaints are pending for final adjudication, the petitioner cannot be deported to Yemen and has to remain in India. “This is causing unnecessary burden on Government exchequer in providing him the basic necessities of life,” the judges observed, adding that statutory provisions require such persons to be retained until trial concludes.
