FRANK VITUS Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) By judgment and order dtd. 8/7/2024, two main issues concerning bail conditions were decided. Now, the issue that remains to be answered is whether it is necessary to implead a Foreign Registration Officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992 (for short 'the Rules') in the bail application filed by a foreigner within the meaning of the Foreigners Act, 1946 (for short 'the Act'). Under Sec. 2(a) of the Act, a foreigner means a person who is not a citizen of India.

(2.) Under Sec. 3 of the Act, there is a power vested in the Central Government to issue an order making provisions either generally or concerning any particular foreigner or class of foreigners of prohibiting, regulating or restricting the entry of foreigners into India or their departure therefrom or their presence or continued presence. Under clause (g) of Sec. 3(2), a power has been conferred on the Central Government to issue an order directing that a foreigner shall be arrested or detained or confined.

(3.) In the exercise of the power conferred under Sec. 3 of the Act, the Foreigners Order, 1948 (for short, 'the Order') has been issued. Clause 2(2) of the Order provides for appointing a Civil Authority by the Central Government. Clause 5 of the Order deals with the power to grant permission to depart from India. Clause 5 of the Order reads thus: