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The Bombay High Court has directed a local magistrate’s court to expedite trial in two narcotics cases against a Yemeni national, observing that his continued stay in India pending adjudication is straining public resources. The court also asked the Foreigners Regional Registration Office (FRRO) to process his visa extension within three weeks once he applies.
A Division Bench of Justices A.S. Gadkari and R.R. Bhonsale passed the order on December 23 while hearing a petition filed by Galal Naji Mohammed under Article 226 of the Constitution. The petitioner sought directions to the FRRO, Mumbai, to grant him a visa after his earlier visa expired.
According to the petition, Mohammed entered India legally with valid documents but was arrested last year in two cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act by the Narcotics Control Bureau (NCB). The cases involve offences under Sections 8(c) read with 22(a), 23(a), 28 and 29 of the Act.
Complaints have been filed before the Metropolitan Magistrate, 8th Court, Esplanade, Mumbai, and are to be tried summarily under the Criminal Procedure Code.
The Bench noted that since the complaints are pending for final adjudication, the petitioner cannot be deported to Yemen and has to remain in India. “This is causing unnecessary burden on Government exchequer in providing him the basic necessities of life,” the judges observed, adding that statutory provisions require such persons to be retained until trial concludes.
During the hearing, Advocate Aruna Pai, appearing for the Union government, submitted that as per a Standard Operating Procedure (SOP) issued by the Ministry of Home Affairs on December 10, the petitioner must apply for visa extension, which will be processed within three weeks. The Bench accepted this assurance and directed the petitioner to submit his application within one week.
Ordering expeditious disposal of the NDPS cases, the court observed, “We deem it appropriate to direct the learned Magistrate to dispose of the said cases expeditiously and in any event within a period of three months from the date of receipt of present order.”
The judges explained, “The aforesaid direction is issued taking into consideration the fact that, the Petitioner is a foreign national and the said cases are summary trials under the provisions of Cr.P.C./B.N.S.S.”
The court also instructed the prosecuting agency to assist the trial court, “We also direct the Narcotic Control Bureau i.e. the prosecuting agency to co-operate with the learned Judge of the trial Court in expeditious disposal of the said cases.”
The petition was disposed of in these terms, with all concerned directed to act on an authenticated copy of the order.
Published – December 30, 2025 02:48 am IST
