The Supreme Court has directed the Union Government to file an affidavit with regard to a condition imposed by the Delhi High Court on a foreign national accused who has committed an offense under the NDPS Act that “they shall drop a PIN on the Google map to ensure that their location is available to the Investigation Officer of the case.”
Earlier the bench of Justice AS Oka and Justice Sanjay Karol had appointed Sr. Adv. Vinay Navare as Amicus Curie in the matter on 21.07.2023 and passed the following order:-
"Another condition imposed by the High Court reads thus:
“… they shall drop a PIN on the Google map to ensure that their location is available to the Investigation Officer of the case;...”
The question is whether this condition will offend rights of the accused under Article 21 of the Constitution of India."
Today when the case was listed before the bench for the same, the Court has directed the Union Government to submit data as to how many times this condition has been imposed and whether the condition is not violative of the Right to Privacy and what could be the conditions which could be imposed while granting bail to a foreign national or a Non-Residential India.
The Court by the order dated 21.07.2023 has raised concerns with regard to the intimation to the High Commission/ Embassy and passed the order on whether the following question shall be referred to a larger bench:-
"In the case of Supreme Court Legal Aid Committee vs. vs Union Of India (1994) 6 SCC 731 Clause (iv) reads as under:
“(iv)in the case of undertrial accused who are foreigners, the Special Judge shall, besides impounding their passports, insist on a certificate of assurance from the Embassy/High Commission of the country to which the foreigner-accused belongs, that the said accused shall not leave the country and shall appear before the Special Court as and when required;”
Prima facie, we are of the view that none of the Embassies/High Commissions may be in a position to give assurances as mentioned in Clause (iv)."
The question is whether we need to refer this case to a larger Bench for reconsideration of Clause (iv).”
The Court passed a detailed order directing the CG to file an affidavit. The Court also observed that "Why shall a person who is going to a restaurant or such other place, shall tell the IO about his location?
The case is next posted on 06th October 2023.
Case Details:-
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 6687/2023
FRANK VITUS
VERSUS
NARCOTICS CONTROL BUREAU
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