38.6c New Delhi, India, Sunday, July 21, 2024
Judiciary

Remaining in India after expiry of visa is offence, Himachal Pradesh HC reiterates while denying bail [Read Petition]

By Rintu Mariam      26 December, 2023 05:21 PM      0 Comments
Remaining in India after expiry of visa is offence, Himachal Pradesh HC reiterates while denying bail [Read Petition]

No foreigner has any right to enter or remain in India. One can enter only with a valid visa, which is a limited leave. Once, the visa expires, the person has no right to remain in the country, the Himachal Pradesh High Court reiterated recently.  
 

The Court was hearing a bail matter moved by one who was arrested under provisions of the Narcotic Drugs and Psychotropic Substances Act and Section 14 of the Foreigners Act. 
 

Relying on Imtizor Imamova versus State of H.P, the Justice Rakesh Kainthla reiterated that, 


..that no foreigner has any right to enter or remain in India. He can enter only with a visa, which is kind of a limited leave. Once, the visa expires, the person has no right to remain on Indian soil and if he remains so, he commits an offence. Therefore, bail cannot be granted to a foreigner accused of committing an offence punishable under Section 14 of the Foreigners Act. 
 

The petition was challenging a status report asserting that the police party was on patrolling duty in August when a secret information was received stating that Shivam was selling heroin. The police associated independent witnesses and found Shivam. He threw something on seeing the police and tried to run away. The police apprehended him and found 5.42 grams of heroin. The police arrested him and recovered the heroin. On enquiry, it was revealed that he had purchased heroin from Saurav/Gaurav. The police arrested Saurav, who revealed that heroin was sold to him by the present petitioner. The police arrested the petitioner and recovered 15.95 grams of heroin from him. 
 

The counsel for the petitioner submitted that there is no evidence against the petitioner except the statement made by the co-accused, which is not a legal piece of evidence. Therefore, he prayed that for his release on bail.
 

The Additional Advocate General, Jitender Sharma submitted that the police had recovered a mobile phone containing a chat between Gaurav and the petitioner, which clearly shows that the petitioner had supplied heroin to Gaurav. The consumption of narcotics is adversely affecting the young generation of the society, he argued before opposing the grant of bail. 
 

While denying bail, the High Court also went through recent Supreme Court decisions including Bhagwan Singh v. Dilip Kumar  Deepu  Depak which highlighted the parameters for grant of bail.

[ Read Petition]



Share this article:



Leave a feedback about this
Related Posts
View All

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

Remaining in India after expiry of visa is offence, Himachal Pradesh HC reiterates while denying bail [Read Petition] Remaining in India after expiry of visa is offence, Himachal Pradesh HC reiterates while denying bail [Read Petition]

No foreigner has any right to enter or remain in India. One can enter only with a valid visa, which is a limited leave. Once, the visa expires, the person has no right to remain in the country, the Himachal Pradesh High Court reiterated recently.

Must breathe fresh air: Person convicted of heinous crime is not hardened criminal, Himachal Pradesh HC rules Must breathe fresh air: Person convicted of heinous crime is not hardened criminal, Himachal Pradesh HC rules

Why is it important to release even persons convicted of heinous offences on bail? Read this article to find out Himachal Pradesh High Courts reasoning.

Supreme Court Stays Himachal Pradesh HC Order, Sanjay Kundu to Remain as State DGP Amid Businessman's Complaint [Read Order] Supreme Court Stays Himachal Pradesh HC Order, Sanjay Kundu to Remain as State DGP Amid Businessman's Complaint [Read Order]

The Supreme Court suspends Himachal Pradesh High Court's directive to remove Sanjay Kundu as DGP following a complaint by a Palampur businessman, ordering a stay on his transfer and directing the high court to reconsider within two weeks.

TRENDING NEWS


TOP STORIES

need-to-develop-law-legal-education-in-vernacular-languages-cji
Trending Judiciary
Need to develop law, legal education in vernacular languages: CJI [Read Speech]

CJI D.Y. Chandrachud emphasizes the need for developing law and legal education in vernacular languages to make legal systems accessible to all citizens.

15 July, 2024 09:30 AM
cic-has-powers-to-set-up-benches-sc
Trending Judiciary
CIC has powers to set up benches: SC [Read Judgement]

The Supreme Court affirms CIC's authority to set up benches, emphasizing its autonomy for efficient case management under the RTI Act, overturning the 2010 Delhi HC order.

15 July, 2024 09:42 AM
high-court-halts-investigation-orders-police-to-register-crimes-under-new-laws
Trending Crime, Police And Law
High Court halts investigation, orders Police to register crimes under new laws [Read Order]

Karnataka High Court stays investigation, directs police to use the new Bharatiya Nyaya Sanhita instead of the old Indian Penal Code for registering crimes.

15 July, 2024 10:37 AM
this-cant-be-done-madras-hc-observes-on-slaughtering-goat-with-tn-bjp-chief-on-defeat-in-ls-polls
Trending Judiciary
'This can't be done,' Madras HC observes on slaughtering goat with TN BJP chief on defeat in LS polls

Madras HC observes "This cannot be done" on PIL seeking action against DMK cadres for slaughtering a goat with TN BJP chief Annamalai's photo after LS poll defeat.

15 July, 2024 12:13 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email