Foreign Nationality Not a Ground to Deny Bail Under NDPS Act
The Delhi High Court has ruled that foreign nationality alone cannot justify denial of bail under NDPS Act, 1985. This ruling came while granting bail to a Kyrgyzstan woman accused under the Act.
Court Rejects Prosecution’s Concern
Justice Shalinder Kaur noted that the petitioner’s passport had already been seized. She said being a foreign national was not enough to assume risk of absconding.
The prosecution had opposed the bail. It claimed the petitioner might flee if released.
Case Background
An FIR was filed in November 2024. The charges were under Sections 20, 25, and 29 of the NDPS Act. These sections deal with illegal cannabis-related activity and conspiracy.
Bail Granted Despite Ongoing Trial
The Court observed that the trial was still in early stages. Keeping the accused in custody would serve no real purpose, it said.
Bail Terms Set
The Court granted regular bail. The accused must furnish a personal bond of ₹30,000 and two surety bonds of the same amount.
Conclusion
This judgment confirms that foreign nationality cannot be the sole reason to deny bail under the NDPS Act, especially when the passport is seized.
