ZAINAB BTE YOUSUF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Whether a foreign national is required to be maintained by the State in case such person is prohibited from leaving the country on the ground that an appeal against acquittal order passed in his/her favour by the Court is stayed by the Higher Court is the principal question which is raised by the petitioners in the present criminal writ petition.

(2.) Petitioner No. 1 is a Singapore national and petitioner No. 2 is a citizen of Japan. They are wife and husband respectively. The petitioners were arrested on 27th November, 2000 by the Officers of Customs, Air Intelligence Unit, Mumbai, at the International Airport, Mumbai, for alleged violation of the provisions of the N.D.P.S. Act. A complaint vide NDPS Special Case No. 21 of 2001 came to be filed against the petitioners. By an order dated 19th December, 2006, the petitioners were convicted by the trial Court and they were sentenced to suffer rigorous imprisonment for ten years on each count and to pay a fine of Rs. One lakh on each count. The aforesaid conviction was challenged by petitioner No. 1 by way of criminal appeal being Criminal Appeal No. 162 of 2007. Petitioner No. 2 also preferred an appeal being Criminal Appeal No. 325 of 2007 against the order of conviction. The learned single Judge of this Court, by an order dated 30th January, 2009, allowed the respective appeals preferred by the petitioners and the petitioners were acquitted in connection with the aforesaid Special Case No. 21 of 2001.

(3.) The petitioners thereafter approached the Foreigners Regional Registration Office(hereinafter referred to as "FRRO"), Mumbai, for issuance of exit permit as they wanted to go back to their home country. Since the exit permit was not granted to the petitioners, the petitioners at that stage have filed the instant petition with a prayer that the FRRO be directed to grant exit permit to the petitioners immediately and FRRO be further ordered to legalize the stay of the petitioners in India by issuing necessary Visa. It is also prayed that the FRRO be directed to deposit appropriate amount before this Court for lodging/boarding and medical expenses for the petitioners' stay in Mumbai.