The main legal point established is the need for operational detention centres and expedited deportation of foreign nationals without valid travel documents to ensure compliance with the Foreigners Act, 1946 and related regulations.

M.S. SONAK, J.

1. Heard Mr. D. Pangam, learned Amicus Curiae and Mr. P. Faldessai, learned Additional Public Prosecutor for Respondent Nos.1, 2, 3 and 5.

2. Originally, Criminal Writ Petition No.199 of 2018 was instituted by Mr. Chidiebere Charles Onuchukwu, Nigerian National, who was then, in judicial custody at Central Colvale Jail, Goa, in order to question the FIR No.214/2018 dated 9th November, 2018 registered by the Calangute Police Station against him for violating the provisions of Sections 3 and 4 of the Passport Entry Act, 1920, Rules 3(2)(a) and 6(a) of Passport Entry into India Rules, 1950 and Section 7(1)(iii) of Foreigners Order 1948, all punishable under Section 14 of the Foreigners Act, 1946.

3. On 10th December, 2018, upon hearing Mr. T. George John, learned Advocate for the Petitioner and Mr. P. Faldessai, learned Additional Public Prosecutor for Respondent Nos.1, 2 and 3, we made the following order.

"The learned Addl. Public Prosecutor appearing for the State has invited our attention to the judgment in the matter of Christian Chidieere Chukwu vs. The State of Karnataka and others, (2016) CriLJ 2947 decided on 18.2.2016. The issue in relation to overstay of foreign nationals in the country needs to be addressed seriously. In the instant matter, the petitioner is questioning the registration of second FIR. In order to establish the identity of the petitioner, the petitioner was directed to produce before this Court original passport. However, the petitioner has shown photostat copy of first page of passport. The petitioner shall produce original passport on the next date of hearing.

2. The issue as regards the establishment of detention centres has been raised during course of arguments. It is informed that there are no detention centres established in the State of Goa to keep the foreign nationals who are overstaying in the country. The respondent/State is directed to furnish the information as regards the establishment of detention centres in the State and steps, those are taken till this date. We shall also be informed as to time frame requirement for setting up requisite detention centres in the State.

3. The respondent/State shall also furnish the data in respect of overstay of foreign nationals in the State of Goa and mechanism provided by the State for keeping control over the foreign nationals' overstay in the country and the steps being taken. The petitioner shall implead (i) Union of India through Ministry of Home Affairs and (ii) Foreigners Regional Registration Office(FRRO) as party respondents. Petitioner to carry out necessary amendment forthwith. In the event of failure of the Petitioner to carry out amendment, registry is directed to carry out the same within three days. Registry is directed to supply copy of the petition along with annexures to the Shri M. Amonkar, counsel appearing for the Union of India.

4. Place the petition for consideration on 17.12.2018."

4. On 17th December, 2018, the original Petitioner instead of complying with the directions issued by us in our order dated 10th December, 2018, in the matter of production of his original passport on the next date of hearing, applied for leave to withdraw the petition through his counsel Mr. T. George John. Upon this motion, on 17th December, 2018, we made the following order:-

"The Petitioner has objected to the registration of FIR bearing No.214/18 dated 9 November 2018, registered at the Calangute Police Station against the Petitioner.

2. The Counsel appearing for the Petitioner, on instructions, states that the Petitioner does not intend to proceed with the challenge raised in the Petition and seeks leave to withdraw the Petition.

3. While directing issuance of notice on 10th December 2018, this Court has taken cognizance of the issue of establishment of Detention Centres in the State of Goa and called upon the State to furnish information, in writing, of the steps taken for establishing Detention Centres in the State of Goa. We h