LexFRANK VITUS versus NARCOTICS CONTROL BUREAU AND ORS.
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[2025] 1 S.C.R. 184 : 2025 INSC 30 Frank Vitus v. Narcotics Control Bureau and Ors. (Criminal Appeal No(s). 2814-2815 of 2024) 06 January 2025 [Abhay S. Oka* and Ujjal Bhuyan, JJ.] Issue for Consideration Whether it is necessary to implead a Foreign Registration Officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992 in the bail application filed by a foreigner within the meaning of the Foreigners Act, 1946. Headnotes† Foreigners Act, 1946 – ss.3, 2(a), 14 – Registration of Foreigners Rules, 1992 – r.3 – Foreigners Order, 1948 – Clause 5 – Civil Authority or the Registration Officer, if can oppose bail application filed by a foreign national and whether they ought to be made a party in such bail applications: Held: No – The authorities under the Foreigners Act and the Foreigners Order have no locus to oppose bail application filed by a foreigner unless bail is sought where the allegation is of the offence punishable under Section 14 of the Foreigners Act – The impleadment of the Civil Authority or Registration Officer in all bail applications filed by foreigners may result in unnecessary delay in deciding the bail applications – While granting bail to a foreigner within the meaning of the Act, the concerned court shall direct the State or prosecuting agency, to immediately communicate the order granting bail to the concerned Registration Officer appointed under Rule 3 of the Rules who, shall further communicate the order to all concerned authorities including the Civil Authorities. [Paras 6, 8] List of Acts Foreigners Act, 1946; Registration of Foreigners Rules, 1992; Foreigners Order, 1948. *Author [2025] 1 S.C.R. 185 Frank Vitus v. Narcotics Control Bureau and Ors. List of Keywords Foreigner; Foreign national; Foreigners Act; Registration of Foreigners Rules; Foreigners Order; Bail application filed by a foreigner; Civil Authority; Foreign Registration Officer; Impleadment; Party to a bail application. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos. 2814-2815 of 2024 From the Judgment and Order dated 31.05.2022 and 18.08.2022 of the High Court of Delhi at New Delhi in BA No. 4187 of 2020 Appearances for Parties Vinay Navare, Sr. Adv., Amicus Curiae. Varun Mishra, Ankur Jain, Anirudha Singh Rajavat, Sanchit Jain, Ajay Sharma, Advs. for the Appellant. Vikramjeet Banerjee, A.S.G., Ashok Panigrahi, Sr. Adv., Prashant Rawat, Advitiya Awasthi, Annirudh Sharma, Akshat Kaushik, Amrish Kumar, Gurmeet Singh Makker, Venkata Raghu Vamsy Dasika, Upendra Mishra, Rahul G Tanwani, Prasenjeet Mohapatra, Arvind Kumar Sharma, Abhishek Singh, Raj Bahadur Yadav, Lzafeer Ahmad B. F., M/s. Trilegal, Advs. for the Respondents. Judgment / Order of the Supreme Court Order Abhay S. Oka, J. FACTUAL ASPECTS 1. By judgment and order dated 08th July, 2024, two main issues concerning bail conditions were decided. Now, the issue that remains to be answered is whether it is necessary to implead a Foreign Registration Officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992 (for short ‘the Rules’) in the bail application filed by a foreigner within the meaning of the Foreigners Act, 1946 (for short ‘the Act’). Under Section 2(a) of the Act, a foreigner means a person who is not a citizen of India. 186 [2025] 1 S.C.R. Digital Supreme Court Reports 2. Under Section 3 of the Act, there is a power vested in the Central Government to issue an order making provisions either generally or concerning any particular foreigner or class of foreigners of prohibiting, regulating or restricting the entry of foreigners into India or their departure therefrom or their presence or continued presence. Under clause (g) of Section 3(2), a power has been conferred on the Central Government to issue an order directing that a foreigner shall be arrested or detained or confined. 3. In the exercise of the power conferred under Section 3 of the Act, the Foreigners Order, 1948 (for short, ‘the Order’) has been issued. Clause 2(2) of the Order provides for appointing a Civil Authority by the Central Government. Clause 5 of the Order deals with the power to grant permission to depart from India. Clause 5 of the Order reads thus: “5. Power to grant permission to depart from India. (1) No foreigner shall leave India:- (a) otherwise than at such port or other recognised place of departure on the borders of India as a Registration Officer having jurisdicti
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