On Monday, the Supreme Court established new regulations for granting bail to foreign nationals arrested with significant amounts of drugs. The court mandated that these individuals must deposit their passports and provide two sureties to secure their release. Additionally, it ordered that departmental proceedings be initiated against police, court officials, and revenue staff if the sureties are found to be fraudulent.
Realising the gap in the system which permits foreign nationals to defy the justice delivery system, the top court suggested a slew of reforms aimed at expediting proceedings under the Narcotics Drugs and Psychotropic Substances Act (NDPS) against foreign nationals and introducing a stringent mechanism for their release on bail. The bench further made it mandatory for foreign offenders seeking bail in such cases to furnish two sureties instead of one, and directed the Ministry of Law and Justice along with the National Informatics Centre (NIC) to create a centralised database where all particulars of each individual, both accused and those who stand as a surety for foreign nationals accused in NDPS cases, shall be entered. At the same time, the order stated that the trial court may relax the ‘two sureties’ condition by giving a reasoned order if the condition appears difficult or impossible to be achieved.
The court directed that the process of verification of sureties shall be done within 3 days, and the verification report shall be placed before the trial court prior to the release of the accused on bail.
The bench said, “Considering the fact that we are concerned with cases involving commercial quantities of narcotics and psychotropic substances which have various unpleasant and unwelcome effects on the country, we are of the view that depositing of passport is justified as being mandatory. The order said that the concerned court will be at liberty to impose travel restrictions on such accused. To avoid a situation as happened in the case before the court where the accused went absconding by furnishing false sureties, the bench said, “When sureties, purportedly verified, are later discovered to be fake, all officials concerned (police, court officials and revenue officials) with the verification process shall face a departmental inquiry for dereliction of duty.
The foreign offenders shall also be required to file an affidavit before the trial court indicating source of income/funds within India and also give details of all bank accounts, if any, in the country.
The court directed a copy of the judgment to be sent to Centre and all states and union territories and urged Judicial Academies to provide training to judges and judicial officers regarding the interrelationship of social and economic realities, especially financial vulnerabilities, with access to justice, when it comes to surety-based bail.
The court even introduced stringent conditions on persons standing surety for such accused by directing that every time a person stands as surety in favour of a foreign national accused, “a lien/charge equal to the amount of the surety bond” shall be created on their property, that may include immovable property as well. “In case of violation of the condition imposed, the concerned court may, in the attending facts and circumstances of each case, direct the realization of such lien,” the order said.
