JUDGEMENT

JYOTI SINGH, J. (ORAL)

1. This petition has been filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. assailing an order dated 20.12.2023 passed by learned Additional Sessions Judge, South West District, Dwarka Courts, Delhi, with a consequential direction to release the Petitioner from the detention centre.

2. Background facts necessary and relevant for deciding the present petition are that Petitioner is a Nigerian national married to Ms. Poutholiu Newmai and has a three years old daughter. A complaint was received from Sh. Bharat Bhushan Kaul alleging that he had been cheated and duped to the tune of Rs.1,27,62,027/- by a group of accused persons who hatched a criminal conspiracy against him on the pretext of selling UKPA Natural Seeds which are used in manufacture of Anti HIV therapy, Parkinson and Ebola diseases etc. FIR No. 481/2016 was registered on this complaint under Sections 420/467/468/471/120B IPC at PS: Vikaspuri. Petitioner was granted bail on 30.01.2018 by learned CMM, South West District, Dwarka Courts. Petitioner was thereafter arrested in another case under Section 14 of the Foreigners Act, 1946 (hereinafter referred to as the ‘Foreigners Act’) in case FIR No. 55/2021, registered at PS: Maidangarhi.

3. Learned M.M., South District, Saket Courts vide order dated 07.04.2021 convicted the Petitioner as he pleaded guilty and did not claim trial. On the same day, Petitioner was sentenced to imprisonment for the period already undergone by him in judicial custody along with a fine of Rs.500/- for offence under Section 14 of the Foreigners Act. It was further directed that the concerned IO/SHO, PS: Maidangarhi will receive the custody of the convict from jail on 08.04.2021, in case he was not required to be detained in any other case and to take the convict to the deportation centre. It was further directed that if Petitioner was not required to be detained for the trial in case FIR No. 481/2016, PS: Vikaspuri, DCP, FRRO would make appropriate arrangement to deport him to his parent country at the earliest.

4. Petitioner thereafter filed an application for his release and on

30.04.2021, the learned CMM, South West District, Dwarka Courts in case pertaining to FIR No. 481/2016 directed the office of FRRO to release the Petitioner as per established law/rule and practices considering that Petitioner had been convicted and sentenced to imprisonment undergone and had paid the requisite fine in respect of FIR No. 55/2021 and was on bail in case FIR No. 481/2016, subject to a caveat if he was not required in any other case. Subsequently, an application was filed by FRRO seeking clarification of order dated 07.04.2021, by which Petitioner was convicted and ordered to be kept in deportation centre. This application was disposed of by learned M.M., South District, Saket Courts on 11.05.2021 clarifying that since Petitioner had been ordered to be deported by order dated

07.04.2021, he could not be released from the deportation centre and was liable to be deported as and when the trial of the other case, if any, was concluded.

5. Petitioner filed another application seeking compliance of order dated 30.04.2021 and for his release from the deportation centre, reiterating his stand that he was on bail in one FIR and had undergone the sentence upon conviction with respect to the other FIR and as per Rule 5 of the Foreigners Rules, 1948, he could not be deported outside India as trial in FIR No. 481/2016 had not been concluded. After hearing the parties, learned CMM, South West District, Dwarka Courts disposed of the application vide order dated 15.05.2021 holding that when there was a specific order passed by the learned M.M. to keep the Petitioner in the deportation centre/ detention centre/restriction centre, no direction can be issued for releasing the Petitioner. The Court also observed that the only concern of the Court was that Petitioner was required during the t