Delhi High Court In NDPS Case: Bail Cannot Be Denied Merely For Being A Foreign National If Passport Is Seized
|A Kyrgyz national was arrested in a narcotics case under the NDPS Act, with her passport seized by authorities.
The Delhi High Court has held that merely being a foreign national is not a valid ground to deny bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), particularly when the accused's passport has already been confiscated by authorities.
The First Information Report (FIR) in the case was lodged in November 2024, involving alleged offences under Sections 20, 25, and 29 of the NDPS Act — relating respectively to the illegal handling of cannabis, allowing one’s premises to be used for drug-related offences, and criminal conspiracy.
A bench of Justice Shalinder Kaur said, “This Court, while not discounting the concerns raised, is also cognizant of the fact of being a foreign national cannot be a ground to deny bail, specifically when the passport of the petitioner has been seized.”
The prosecution had opposed her bail plea, expressing concern that, due to her foreign nationality, there was a substantial risk of her fleeing the country if released.
The Court emphasized that the trial was still at a very early stage and the accused had already been in custody for a significant period. The Court noted that her continued detention would serve no useful purpose at this point.
The Court granted her regular bail, subject to conditions. She is required to furnish a personal bond worth ₹30,000 along with two surety bonds of the same amount.
Cause Title: Cholpon Bisht v. State Govt Of NCT Of Delhi, [2025:DHC:3466]
Appearance:
Petitioner: Advocates Aditya Aggarwal, Kajol Garg, Naveen Panwar and Mohd. Yasir
Respondent: Advocate Satish Kumar