SC tightens bail terms for foreign nationals in NDPS cases

The Supreme Court has mandated tougher bail conditions for foreign nationals facing prosecution under the Narcotic Drugs and Psychotropic Substances Act, citing concerns about bogus sureties. Laying down a series of directions, a Bench of Justices Sanjay Karol and Augustine George Masih said on Friday that any foreign national granted bail must surrender their passport to the jurisdictional court and will not be permitted to leave India without prior approval.

The Court further directed that such accused persons must report to the Foreigners Regional Registration Office within a week of their release. It said they should ordinarily furnish two sureties for an amount equal to the bail bond. Even where an accused’s Indian address and contact details were verified during investigation, the Court ordered that these details must be physically re-verified within three days of the bail order. It also required the accused to file an affidavit disclosing their source of income or funds in India and providing details of any bank accounts.

The Bench also instructed authorities to set up a central database capturing particulars of foreign accused persons and their sureties. It warned that officials—at both the Central and State levels—tasked with verifying sureties may face departmental proceedings if those sureties are subsequently found to be fake.

The directions were issued while hearing an NDPS matter involving foreign national Chidiebere Kingsley Nawchara, who obtained bail and later absconded.