Article 21 Applies To Foreigner : Supreme Court Grants Relief To Ugandan Who Couldn't Procure Bail For Lack Of Surety

The Supreme Court came to the relief of an Ugandan woman, who was languishing in jail, despite securing bail in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, as she could not furnish a solvent surety.

Observing that Article 21 of the Constitution applies to a foreigner, the Court allowed her release on a personal bond.

The Court observed that when a case is made out of a bail, financial constraints such as furnishing of bail bonds, solvent surety, should not come in way for the release of the accused.

"Once an accused has been able to make out a case for bail, then factors like financial difficulties etc. should not come in the way of an accused in getting himself or herself released on bail.”, the court observed.

While hearing a Customs Department's appeal against the Delhi High Court's decision to grant bail to a Ugandan Woman in an NDPS Case, a bench of Justices JB Pardiwala and KV Viswanathan came to know that the accused Ugandan woman was still languishing in Tihar Jail because she failed to furnish one solvent surety, a bail condition imposed by the High Court.

Granting her relief, the bench acknowledged that “at times, an accused may not be in a position to furnish bail and solvent surety of the like amount due to his/her financial constraints etc.”, such financial constraints should not come in the way when a case of bail was made out.

“Here is a case of a lady accused who is a foreign national. However, the fact remains that Article 21 of the Constitution would apply even to a foreign national sought to be prosecuted as an accused in this country.", the court observed.

Acknowledging the difficulty of the accused to furnish a solvent surety given her status as a foreign national, the bench ordered her release upon furnishing of a personal bail bond of Rs. 25,000/-. 

“We are of the view that the respondent-accused should be asked to furnish a personal bond of an amount of Rs.25,000/- (Rs.Twenty five thousand only). On furnishing a personal bond of Rs.25,000/-, the Jail Authorities shall release her from the Tihar Jail.”, the court said.

The Court further directed that upon release of the respondent-accused from the jail, she shall be taken to the detention centre, during the pendency of the trial in an NDPS Case against her.

“The guilt or the innocence of the accused shall be determined strictly on the basis of the evidence that may come on record.”, the court clarified, asking the trial court to proceed with the trial without being influenced in any manner by the High Court's observations.

The appeal was disposed of accordingly.

Cause Title: THE CUSTOMS VERSUS FARIDAH NAKANWAGI

Citation : 2026 LiveLaw (SC) 278

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Appearance:

For Petitioner(s) : Mr.Rajkumar Bhaskar Thakre, ASG Mr. Gurmeet Singh Makker, AOR

For Respondent(s) : None