CAV JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellants have filed the present appeal impugning an order dated 14.08.2025 passed by the learned Single Judge of this Court in WP.No.15380/2025 (GM-PASS). The said petition was preferred by the appellants as well as one Cyril Udoka Odigbo (arrayed as petitioner No.3 in the said petition). The said petitioners had filed the petition, inter alia, praying that they be released from detention and that further directions be issued to the respondents to extend the visa of petitioner No. 1 (appellant No. 1). The said writ petition was dismissed in terms of the impugned order.

2. The respondents had filed a statement of objections alleging that petitioner No. 3 was impersonating Cyril Udoka Odigbo, a Nigerian national and a student of Rayat Bahra University, Mohali, Punjab. It is stated that during further enquiries, it was established that Cyril Udoka Odigbo was a regular student pursuing the Bachelor of Business Administration (2024-2027) in Mohali.

3. Petitioner No.3 has not preferred any appeal against the impugned order.

4. The appellants Nos. 1 and 2 claim to be Nigerian nationals. Appellant No.1 states that he is pursuing his course in Bachelor of Commerce at Sree Omkar College of Commerce and Management, Sathanur, Bangalore. Appellant No.2 had come to India on a student visa for the purpose of studying M.Sc., Computer Sciences at Karpagam Academy of Higher Education, Coimbatore, Tamil Nadu. He claims that he was in the process of shifting to a new institution in Bangalore and therefore had arrived in the city for that purpose a few days prior to his arrest.

5. The movement restriction orders were issued in respect of the appellants on 23.12.2024, and they were sent to Aasare Foundation Trust, Laggere, Bengaluru.

6. The respondents state that appellant No. 1 was in possession of a fake Tanzanian passport (Passport number AB 859343) in the name of David Masinde Edgar, with an Indian visa (number VJ6547540) and an immigration arrival stamp dated 28.04.2024. It was found that although the passport belongs to a Tanzanian national, the Indian Visa (No.VJ6457540) was issued to a Sri Lankan national. It is further alleged that a letter dated 21.05.2025 was also received from the Anti-Narcotic Wing, Central Crime Branch, Bengaluru, acknowledging that no narcotics were recovered from the possession of the appellants. However, it is contended that the appellants had admitted that they were dealing in narcotics.

7. The aforesaid allegations are stoutly contested by the appellants. Appellant refutes the allegation that the passport of Mr. David Masinde Edgar was recovered from his possession. Admittedly, there is no material to show the involvement of the appellants in the sale of drugs.

8. The undisputed facts are that appellant No.1 had arrived in India on 15.09.2023 with a Nigerian Passport bearing No. A11651384. He held a student Visa (visa no. VL7358115). The said Visa was valid up to 26.04.2025. The said Visa was valid on the date of the movement restriction order, that is, 23.12.2024; it was subsequently cancelled.

9. Insofar as appellant No. 2 is concerned, it is alleged that the appellant did not approach the concerned authorities for registration after his arrival on a student visa (VL8983606) on 05.11.2024. The student visa was issued to him pursuant to a visa invitation from Karpagam Academy of Higher Education, Coimbatore, Tamil Nadu. However, he had not complied with the requirement to register within four days of his arrival. Appellant no. 2 sought to explain his failure to register on the ground that he was in the process of relocating to Bengaluru and therefore had not registered.

10. The visas issued to the appellants were cancelled. However, there is no dispute that even if the visas had not been cancelled, they would have expired in any event (the visa of appellant No.1 would have expired on 26.04.2025, and the visa of appellant No.2 would have expired on 07.10.2