Order

1. The petitioners, foreign nationals, namely, Eudo Komba S/o Curistian Komba and Margret Kazung D/o Kazumgu Mwaro, have approached this Court by way of the present bail application filed under Section 483 of B.N.S.S., 2023, who were arrested in connection with FIR No.593/2025 dated 11.11.2025 registered at Police Station Jawahar Circle, District Jaipur City (East), for the offences punishable under Sections 8/21 of NDPS Act, Section 61(2) of B.N.S., 2023 and Sections 7(2) & 14 of the Foreigners Act, 1946.

2. Learned counsel Mr. Mohit Sharma, appearing for the petitioners, orally submitted that both the petitioners had come to India on student visas and are studying and pursuing their course at the University of Rajasthan. Learned counsel submitted that on account of overstaying their visa period, they were arrested by the Police from a hotel and a contraband substance (cocaine) quantified as 4.26 grams (net weight as 3.94 grams) was allegedly recovered from their possession. Learned counsel further submitted that the commercial quantity prescribed is 100 grams and the quantity as recovered from their possession is less than the commercial quantity as per the NDPS Act. It is further submitted that the petitioners have no criminal antecedents of any nature in the past, therefore, they may be enlarged on bail by this Court in exercise of its powers under Section 483 B.N.S.S., 2023.

3. Learned Additional Solicitor General, Mr. Bharat Vyas, assisted by Ms. Anima Choudhary and Ms. Niti Jain Bhandari, strongly opposed the bail application by submitting that both the petitioners are foreign nationals who came to India on student visas, hailing from Kinondoni, Tanzania and Mombasa, Kenya respectively and their visas expired long back. However, without obtaining any extension, they are staying illegally in the Country. It is further submitted that when they were arrested from the hotel, the Police also recovered contraband substance namely cocaine, having a net weight of 3.94 grams from their possession and therefore, they were rightly arrested in the present case. It is further submitted that the petitioners have failed to provide any justification for overstaying in India after the expiry of their visas long back. Learned counsel further submitted that on one hand, the petitioners were residing in the country without any valid visa and on the other hand, they were found in possession of a contraband substance, therefore, petitioners herein do not deserve to be enlarged on bail in the facts and circumstances of the present case.

4. The officer from FRRO (Foreign Regional Registration Office), Jaipur, who was present before this Court, upon being asked, informed that approximately more than 15000 such foreign nationals are staying illegally in the State and they are taking necessary action under the law against them. The said officer further informed that many of such persons are involved in illegal activities including under NDPS Act.

5. Heard learned counsel for the parties.

6. This Court has perused the report dated 08.02.2026 submitted by the concerned SHO, Police Station Jawahar Circle, Jaipur City (East), and noted that petitioners were arrested by the Police on the date of the incident with the contraband substance. This Court further noted that the present petitioners have overstayed their visa period without any justification and were found in possession of narcotics substance, as seized by the Police on the date of incident.

7. On 26.05.2026, a similar matter (Crl.B.Cl. No.39/2025 titled as ‘State of Rajasthan vs. Natatom Philipi @ Kak @ Philip colls @ Ibeyanyi’) was listed before this Court, in which another foreign national was also arrested under the NDPS Act and was enlarged on bail by the Co-ordinate B