W.P.(CRL) 550/2022 & W.P.(CRL) 827/2022

Page 1 of 20

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 20^th April, 2023

Pronounced on: 26^th May, 2023

+

W.P.(CRL) 550/2022

(46) EMECHERE MADUABUCHKWU

..... Petitioner

Through:

Mr. Kanhaiya Singhal, Mr. Prasanna

& Mr. Ujwal Ghai, Advs.

versus

STATE NCT OF DELHI & ANR.

..... Respondents

Through:

Ms. Rupali Bandopadhya, ASC

(Crl.) with Mr. Akshya & Mr.

Abhijeet Kumar, Advs. for the State.

Ms. Manisha Agrawal Narain and

Mr. Sandeep Singh, Advs. for R2.

SI Virender Singh, Central Distt.

+

W.P.(CRL) 827/2022

(47) EMECHERE MADUABUCHKWU

..... Petitioner

Through:

Mr. Chetan Bhardwaj, Adv.

versus

FOREIGNERS REGIONAL REGISTRATION OFFICE DELHI

..... Respondent

Through:

Ms. Rupali Bandopadhya, ASC

(Crl.) with Mr. Akshya & Mr.

Abhijeet Kumar, Advs. for the State

with SI Virender Singh, Central

Distt.

Digitally Signed

By:MANISH KUMAR

Signing Date:30.05.2023

17:51:38

Signature Not Verified

W.P.(CRL) 550/2022 & W.P.(CRL) 827/2022

Page 2 of 20

Ms. Manisha Agrawal Narain and

Mr. Sandeep Singh, Advs. for R2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

1.

These petitions have been filed by the petitioner who is a Nigerian

national seeking setting aside order dated 14^th July, 2021 passed by the

Foreigners Regional Registration Officer (FRRO) (respondent herein) by

which petitioner was restricted to move out of Sewa Sadan, Lampur,

Narela, Delhi until his travel arrangements were made. The issue under

consideration is essentially the grant of bail to a foreign national but with

conditions of being sent to a detention centre, considering that the visa of

stay in India of such a national had expired. The factual background

relating to this matter is as under.

Factual background

2.

The petitioner came to India in November, 2014 and got married to

Ms. Rinkoo Tripathi in the month of December, 2015 and started residing

with his wife in Delhi. Petitioner was running an African kitchen at H. No.

102 B, 50 Foota, Vijay Laxmi Park, Nilothi Extn., New Delhi-110041 to

earn his livelihood. As per the case of the prosecution, a police team in

April, 2021 while patrolling received secret information that the petitioner

is running an African Kitchen in that area where some suspicious people

come, drink liquor and create nuisance. After receiving this information,

the police team went to the kitchen and noticed an African man coming

Digitally Signed

By:MANISH KUMAR

Signing Date:30.05.2023

17:51:38

Signature Not Verified

W.P.(CRL) 550/2022 & W.P.(CRL) 827/2022

Page 3 of 20

outside from the kitchen, carrying a white katta (bag) in his hand, got on a

scooty and started going on it, then as he reached near the police, they

stopped the vehicle and restrained him. On checking the bag, 24 sealed

beer bottles were found and when search was made at the kitchen, 42 more

sealed beer bottles were found.

3.

An FIR No. 249/2021 was registered on 06^th April, 2021 under

Sections 33/38/58 of the Delhi Excise Act, 2009 and Section 14 of the

Foreigners Act, 1946 at PS Nihal Vihar. The petitioner was also arrested

and moved an application under Section 437 Cr.P.C. seeking regular bail

before the Court of Ld. MM, West District, Tis Hazari Courts. By order

dated 24^th April, 2021, the Ld. MM allowed the bail application of the

petitioner, however, directed that the petitioner would be transferred from

the jail to the Detention Centre by the IO/SHO where he will be kept till the

conclusion of the trial of the present case and will be produced before the

Court as and when required.

4.

The petitioner moved an application under Section 439 Cr.P.C.

before Ld. ASJ, West District, Tis Hazari Courts. Ld. ASJ by order dated

25^th June, 2021 allowed the application and admitted him on bail by

releasing him from Detention Centre subject to furnishing a personal bond

and surety bond of Rs. 1 Lac. The petitioner did furnish the surety of the