* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 18^th November, 2025 Pronounced on: 10th March, 2026 + W.P. CRL. 146/2024 SAMUEL AKUJUOBI S/o Mr. Anyiam Permanent Address: H.No.-3, Oboro Street, Umuahia Abil, Nigeria.

Presently Detained in Sewa Sadan, Lampur Border, Delhi THROUGH HIS PAROKAR Mr. Ifeanyi Michael S/o Mr. Ugu R/o Om Vihar Nawada, Phase-3, After House Of Papaji, Delhi 110059 Also, At:

Enugu, Lagos, Nigeria. ......Petitioner Through: Mr. Anoop Kumar Gupta and Mr. Rohan Gupta, Advs.

versus

1. UNION OF INDIA Through Its Chief Secretary, Ministry Of External Affairs, Govt. Of India, Shastri Bhawan, New Delhi.

2. FOREIGNER REGIONAL REGISTRATION OFFICE East B Lock-VIII, Level-2, Sector-1, R.K. Puram, New Delhi-110066.

Through Its F.R.R.O.

3. THE INCHARGE, Seva Sadan, Lampur Border, Narela, Delhi Through Its F.R.R.O.

.....Respondents Through: Mr. Amol Sinha, ASC for State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan, Ms. Chavi Lazarus and Mr. Manan Wadhwa, Advocates.

Mr. Sandeep Kumar Mahapatra, CGSC with ⁠Ms. Mrinmayee Sahu, Mr. Sugam Kumar Jha, ⁠Mr. Sreedass K. P., ⁠Mr. Tribhuvan, ⁠Mr. Raghav Tandon and ⁠Mr. Amit Acharya, Advocates with Inspector Satish Kumar from FRRO.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Writ Petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) on behalf of the Petitioner/Samuel Akujuobi for directing the Officials of the Respondents to release the Petitioner from the Detention Centre, Laampur Border, Narela, New Delhi.

2. The brief facts of the case as per the Petition, are that on 10.07.2020, Petitioner was arrested in FIR No.198/2020 under Section of the 14 Foreigners Act, P.S. Maidan Garhi, on 10.07.2020 on the allegations that the Petitioner with co-accused Kanu Obina, was residing in India without valid passport and visa.

3. Thereafter, on 11.07.2020, the Petitioner was produced before the Ld. Magistrate and was remanded to Judicial Custody. Subsequently, the Petitioner was granted Bail by Ld. ASJ, South District, Saket Courts, New Delhi, vide Order dated 11.09.2020 and was released upon furnishing a surety.

4. Thereafter, the Petitioner was again arrested by the Haryana Police on the basis of the disclosure statement of co-accused Ajay, who was arrested on 26.02.2021 with alleged recovery of 10.25 grams of heroin, in FIR No. 141 dated 26.02.2021, registered under Sections 21B, 27A, 61 & 85 of the NDPS Act read with Sections 14/31 of the Foreigners Act, at Police Station Sadar, Hisar.

5. Meanwhile, the Petitioner continued to appear regularly before the Ld. Trial Court at Saket Courts and, after framing of charges, recording of prosecution evidence, recording of Statement under Section 313 Cr.P.C. and conclusion of trial, the Petitioner was convicted under Section 14 of the Foreigners Act by the Ld. Trial Court, Saket, vide Judgment dated

28.09.2021

6. The Court of Ld. MM sentenced the Petitioner to imprisonment already undergone along with a fine of Rs. 500/-, for the offence under Section 14 of the Foreigners Act, and directed that the petitioner be sent back to Hisar Jail with further directions to the Jail Superintendent, Hisar, to transfer him to the Deportation Centre, Delhi, upon his release from custody in the Hissar case. It was further directed that the DCP, FRRO, make appropriate arrangements for deportation of the petitioner to his parent country, after transfer to the Deportation Centre. It was also clarified that the Petitioner shall remain in detention/deportation Centre till completion of trial pending at Hisar and shall be produced before the concerned court from the Deportation Centre itself.

7. In the meantime, the Petitioner moved an Application dated 24.09.2021 seeking Bail under Section 439 Cr.P.C. in FIR No. 141/2021, which was allowed on 30.09.2021 by Ld. ASJ, Hisar, Haryana, after furnishing the required pe