Foreign nationals in drug cases face tougher bail checks as SC issues slew of directions

The Supreme Court on Monday laid down a series of safeguards for foreign nationals accused in cases under the Narcotic Drugs and Psychotropic Substances Act, after concerns over such accused obtaining bail using fake sureties and subsequently absconding.

A bench of Justices Sanjay Karol and Augustine George Masih said the use of fake, false or non-existent sureties undermines public confidence in the justice delivery system. The directions came while hearing a case involving Nigerian national Chidiebere Kingsley Nawchara, who was granted bail in an NDPS case and later went on the run.

Under the new directions, foreign nationals released on bail must deposit their passports with the jurisdictional court. Courts may also restrict their travel outside India and require prior permission before they leave the country.


The accused must register with the Foreigners Regional Registration Office (FRRO) within one week of being released and inform the investigating officer and the concerned court in writing that the registration has been completed.

The court also made it mandatory for foreign nationals seeking bail to produce two sureties of the same amount as the bail bond. However, if a court is satisfied that an accused has made sufficient efforts but is unable to arrange two sureties, it may relax the requirement through a written order stating the reasons.

Verification of sureties must be completed within three days in every case, with the verification report submitted to the trial court before the accused is released. Any delay must be explained and brought to the attention of the concerned court.

The Supreme Court further directed that the residential address and other contact details of the accused in India be physically re-verified within three days of the bail order, even if those details had already been verified during the investigation.

Foreign nationals granted bail will also have to submit an affidavit to the concerned court disclosing their source of income or funds in India and details of any bank accounts held in the country. The investigating officer must separately inform, in writing, the embassy of the accused's country of origin about their involvement in the alleged offence.

The bench directed the Ministry of Law and Justice and the National Informatics Centre to establish a centralised database containing details of foreign nationals accused in NDPS cases as well as individuals standing as their sureties.

The court said officials involved in verifying a surety would face departmental inquiry if a surety later turns out to be fake. This would include police, court and revenue officials found responsible for dereliction of duty. The Ministry of Home Affairs and the corresponding authorities in states have been directed to issue guidelines for action against such officials.

The court also ordered that when a person stands surety for a foreign national accused in an NDPS case, a lien or charge equivalent to the surety amount should be created against the surety's property, including immovable assets.

If the accused violates a bail condition, the concerned court may, depending on the circumstances, order recovery of the amount secured through the lien.

The Supreme Court further asked all high courts, through their respective information technology committees, to facilitate the creation of a digital portal for speedy verification and authentication of documents, including property and financial records.

On the proposal to introduce licensed bail bondsmen for NDPS cases, the bench said the issue requires detailed consideration and left it to the executive to take a decision.

(With inputs from PTI)