'A Foreigner Has No Right To Remain On Indian Soil Post Visa Expiry': HP High Court Denies Bail To Man Booked U/S 14 Foreigners Act

Justice Rakesh Kainthla while citing certain precedents has observed,

“No foreigner has any right to enter or remain in India. He can enter only with a visa, which is kind of a limited leave. Once, the visa expires, the person has no right to remain on Indian soil and if he remains so, he commits an offence. Therefore, bail cannot be granted to a foreigner accused of committing an offence punishable under Section 14 of the Foreigners Act”

The case involved Onyeka Samuel, a foreign national arrested in August 2023 for possession of heroin and charged under both the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and the Foreigners Act. Samuel's lawyer argued that he was innocent and falsely implicated and that the charges under the Foreigners Act stemmed solely from his lack of valid travel documents.

The prosecution, represented by the Additional Advocate General, opposed the bail, presenting a detailed status report. The report outlined that Samuel was implicated after an investigation into a narcotics case involving two other individuals. The police claimed to have recovered heroin and connected Samuel to the drug trade based on a mobile phone chat.

Justice Kainthla, after considering the arguments stressed the discretionary nature of bail, emphasizing factors such as the nature of accusations, severity of punishment, and the possibility of witnesses being influenced.

The court highlighted the police's addition of Section 14 of the Foreigners Act due to Samuel's inability to produce a passport and visa, signaling a violation of his stay in India.

Citing Imtizor Imamova vs. State of H.P 2010 Justice Kainthla emphasized that "no foreigner has any right to enter or remain in India," and that any unauthorized stay constitutes a recurring offense under the Foreigners Act.

The court concluded that, given the gravity of the offenses and the violation of immigration laws, Samuel was not entitled to bail.

Case Title: Onyeka Samuel Vs State of Himachal Pradesh

Citation: 2023 LiveLaw (HP)

Click Here To Read/Download Judgment