Bombay HC Flags Govt Exchequer Burden, Directs Fast-Track Trial In NDPS Cases Against Yemeni National
The Bombay High Court has directed a magistrate court to expedite NDPS cases against a Yemeni national, noting that his continued detention due to pending trials is burdening the exchequer. The court also asked him to apply for visa extension as per MHA SOP.
Bombay High Court directs speedy trial in NDPS cases against a Yemeni national, citing burden on the government exchequer | File Photo
Mumbai, Dec 29: Observing that pending narcotics cases against a Yemeni national were causing an unnecessary burden on the government exchequer, the Bombay High Court has directed the trial court to expedite the proceedings.
Deportation Not Possible Due To Pending Cases
A bench of Justices Ajey Gadkari and R.R. Bhonsale recently noted that the Yemeni national cannot be deported to his country of origin since complaints are pending against him for final adjudication. Hence, he has to be detained/retained in India.
“This is causing an unnecessary burden on the government exchequer in providing him the basic necessities of life,” the HC said. It directed the magistrate court concerned to dispose of the two cases against him expeditiously, preferably within three months.
Petition Sought Direction For Visa Extension
The HC was hearing a petition filed by Galal Naji Mohammed seeking a direction to the Foreigners Regional Registration Office (FRRO) to grant him a visa.
Arrested Under NDPS Act Last Year
His plea claimed that he entered India with the necessary documents but was arrested last year in two cases under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act by the Narcotics Control Bureau (NCB).
Visa Expired, Deportation On Hold
The petition claimed that the man’s visa has already expired and, since he is facing criminal cases here, his visa has not been extended and he cannot be deported to his country, Yemen.
Centre Cites SOP For Visa Extension
Advocate Aruna Pai, representing the Union government, submitted to the court that as per the Standard Operating Procedure (SOP) issued by the Ministry of Home Affairs for such cases, the accused will have to apply for an extension of visa and the same shall be processed within three weeks.
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Court Directs Compliance And Trial Cooperation
Accepting the statement, the HC asked the petitioner to submit his application as per the SOP within a week. The court also directed the prosecuting agency to cooperate with the trial court in the expeditious disposal of the cases.
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