SC sets tough bail conditions for foreigners in NDPS cases

The Supreme Court on Monday imposed strict conditions for foreign nationals accused in Narcotic Drugs and Psychotropic Substances (NDPS) Act cases, aiming to prevent them from securing bail through fake sureties. A bench of Justices Sanjay Karol and Augustine George Masih directed that accused foreigners must deposit their passports with the jurisdictional court, restrict travel without prior permission, and register with the Foreigners Regional Registration Office (FRRO) within a week of release.

The court also ordered that accused foreign nationals must produce two sureties of like amount, and their residential address must be physically re-verified within three days of the bail order. The investigating officer must inform the accused's embassy of their involvement in the alleged crime. Additionally, a centralised database of accused and sureties will be created by the Ministry of Law and Justice and the National Informatics Centre.

If sureties are later found to be fake, all officials involved in the verification process will face departmental inquiry. The court also said that a lien equal to the surety bond amount may be created on the surety's property. On the proposal for licensed bail bondsmen, the court said it requires in-depth consideration and asked the executive to take a call.

The court passed the directions while dealing with a case where a foreign national, Chidiebere Kingsley Nawchara, secured bail and went on the run.

The court also directed high courts to create digital portals for speedy verification of documents.

All high courts through their respective IT committees shall take steps to implement the creation of a digital portal through which speedy verification and authentication of documents, such as property and finance, can be carried out, the bench said.