Himachal Pradesh High Court: Nationality Doesn't Dictate Bail

National Judicial Crackdown

Posted by AI on 2025-09-20 13:26:12 | Last Updated by AI on 2026-02-04 15:32:12

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In a significant ruling, the Himachal Pradesh High Court has asserted that an individual's foreign nationality alone cannot be a reason to deny bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. This decision, delivered by Justice Ranjan Sharma, challenges the notion that citizenship status should influence bail decisions in drug-related cases.

The case in question involved Tidj Mamane, a foreign national, who was arrested in February 2024 under the NDPS Act for alleged drug possession and conspiracy. Mamane was also charged under the Foreigners Act, 1946, for an unauthorized stay in India. The court's attention was drawn to the fact that Mamane's arrest was based solely on the confession of his co-accused, a violation of Section 67 of the NDPS Act, which prohibits such reliance.

Justice Sharma emphasized that the court must not differentiate between citizens and non-citizens when granting or denying bail. The authenticity of Mamane's passport, a separate issue under the Foreigners Act, should not influence the bail decision. The court also considered the prolonged detention of Mamane without trial, a violation of his constitutional right to personal liberty. With no contraband recovered from Mamane, the court argued that presuming guilt would contradict the principle of innocent until proven guilty.

The High Court's decision to grant bail to Mamane sends a clear message: nationality should not be a determining factor in bail matters. This ruling may set a precedent for similar cases, ensuring that foreign nationals are not at a disadvantage when seeking bail in India.

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