Mumbai: The Bombay High Court has issued a significant order directing the expeditious completion of two narcotics trials against a Yemeni national, citing concerns over the financial burden of prolonged detention on the government exchequer.
The directive reflects judicial urgency to balance efficient criminal justice with administrative and economic considerations.
What is the Bombay High Court Ruling on Yemeni National NDPS Trial
A Division Bench comprising Justices A.S. Gadkari and R.R. Bhonsale instructed a magistrate court in Mumbai to conclude trials in two separate cases registered under India’s Narcotic Drugs and Psychotropic Substances Act within three months.
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The court’s decision came while hearing a petition filed by the accused, Galal Naji Mohammed.
The Bench underscored that since the cases remain pending for final adjudication, the convicted accused cannot be deported back to his home country, Yemen. His continued detention for basic maintenance and accommodation, the court observed, is placing an avoidable financial burden on the state.
“This is causing unnecessary burden on the government exchequer in providing him the basic necessities of life,” the court noted in its order.
To ensure that proceedings are not subject to further delays, the High Court specifically mandated that:
- The prosecuting agency fully cooperates with the trial court.
- The trial in both NDPS cases will be completed within the stipulated three-month period.
- Visa extension processes are followed strictly as per the SOP.
These steps aim to strike a balance between upholding due process and curtailing prolonged detention that could strain public funds and administrative overhead.
Background of the Yemeni National NDPS Trial Case
According to the petition, Mohammed had entered India on valid documentation before being arrested by the Narcotics Control Bureau (NCB) last year in connection with two separate NDPS cases.
The accused argued that although his visa had expired, it could not be extended due to ongoing criminal proceedings, and he could not be deported until the conclusion of trials.
This legal limbo has resulted in the Yemeni national remaining in India without a valid visa while the judicial process continues.
Visa Issues and Government’s Position
During the hearing, Advocate Aruna Pai, representing the Union Government, informed the court about the standard procedure for handling visa extensions in such situations.
She explained that under the Ministry of Home Affairs’ Standard Operating Procedure (SOP), the accused must formally apply for a visa extension, which would then be processed within approximately three weeks.
The High Court accepted this submission and directed Mohammed to apply for the extension within one week. It also instructed relevant authorities to process the application within the prescribed timeframe — ensuring procedural compliance while minimizing undue detention stress on state resources.
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