- 1 - HC-KAR NC: 2026:KHC:23029 CRL.P No. 6554 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6554 OF 2026 BETWEEN: CHINEDU EQE @ REMIJUS EZE @ EZE AGED ABOUT 41 YEARS, R/AT IKRUD, EAST NIGERIA, LAGOS, NIGERIA. PRESENTLY DETAINED AT FOREIGNERS RESTRICTION CENTER SONDEKOPPA, NELAMANGALA TALUK BENGALURU – 562 123. …PETITIONER (BY SRI SOMANNA K.P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMAMURTHY NAGAR POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU – 560 001. 2. K.N.YASHWANTH KUMAR, SHO, CYBER CRIME BRANCH, N T PETE, BENGALURU – 560 002. 3. FOREIGNERS REGIONAL REGISTRATION OFFICER 5TH FLOOR, 'A' BLOCK BMTC BUS STAND BUILDING Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23029 CRL.P No. 6554 of 2026 SHANTHINAGAR, K.H. ROAD BENGALURU – 560 027. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1 & R-2; SRI SHANTHI BHUSHAN, DSGI FOR R-3) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO I. QUASH THE ENTIRE PROCEEDINGS IN SPL.C.C. NO.382/2021 FOR OFFENCES PUNISHABLE U/S 8 (c), 22(b), NDPS ACT, SECTIONS 14, 14 (A) (B) OF FOREIGNERS ACT, SECTION 34, 107, 465, 468, 471, 474, 419, 420, 120(B) OF IPC PENDING ON THE FILE OF THE LEARNED 33RD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES, BENGALURU; II. SET ASIDE THE ORDER BEARING NO.FRRO/BOI/BLR/MRO/2023-81 DATED 07.08.2023 AT ANNEXURE-E ISSUED BY THE 2ND RESPONDENT, SUBSEQUENTLY ISSUE DIRECTION TO THE 2ND RESPONDENT TO ENLARGE THE PETITIONER HEREIN FROM THE FOREIGNERS RESTRICTION CENTER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner – accused No.2 is before this Court calling in question proceedings in Spl.C.C.No.382/2021 (arising out of Crime No.240/2017), pending before the 33rd Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, for the offences under Sections 8(c) and 22(b) of the Narcotic - 3 - HC-KAR NC: 2026:KHC:23029 CRL.P No. 6554 of 2026 Drugs and Psychotropic Substances Act, 1985 and Sections 34, 107, 465, 468, 471, 474, 419, 420 and 120B of the IPC. 2. Heard Sri Somanna K.P., learned counsel for petitioner, Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent Nos.1 and 2 and Sri Shanthi Bhushan H., learned Deputy Solicitor General of India for respondent No.3. 3. On a credible information by the police on 21.06.2017, that a person by name Chinedu Eqe @ Remijus Eze @ Eze along others, residing in a house bearing No.468, Kalkere Main Road, is allegedly using fake passports, SIM cards and selling Cocaine for certain amount and earning illegally, conduct a raid at the said place, arrested the petitioner and others. The police seized 2.5 grams of Cocaine and from electronic devices from the said place. A crime is then registered against the petitioner, who is said to be a Nigerian citizen, in Crime No.240/2017. Investigation ensue and a charge sheet is filed before the concerned Court. The matter is now pending in Spl.C.C.No.382/2021. The issue in the lis is not with regard to the merit of the matter. The petitioner is before this Court - 4 - HC-KAR NC: 2026:KHC:23029 CRL.P No. 6554 of 2026 seeking quashment of the proceedings on the score that the intermittent material of Cocaine seized is 2.5 grams, which is less than the commercial quantity and in terms of the Standard Operating Procedure issued by the Central Government, he be deported to his country – Nigeria, issue a direction to respondent No.3 to deport him to his country as his travel documents – visa and passport are expired and would never come back to the shores of this nation. 4. Learned counsel for the petitioner would take this Court through the averments made in the subject criminal petition and submits that the petitioner is wanting to go back to his country. He would submit that the petitioner is detained in the detention centre at FRRO at present and therefore, seeks a direction to respondent No.3 in this regard. 5. Sri Shanthi Bhushan H., learned Deputy Solicitor General of India appearing for respondent No.3 – the Foreigners Regional Registration Office would submit that steps will be taken in terms of the Model Standard Operating Procedure (‘SOP’ for short). - 5 - HC-KAR NC: 2026:KHC:23029 CRL.P No. 6554 of 2026 6. The Additional State Public Prosecutor representing the respondent – State would also submit that in terms of the Standard Operating Procedure, if prosecution is withdrawn, the petitioner can be consequently remanded to the FRRO. 7. I have given my anxious consideration to the submissions made by the learned counsel for the parties and have perused the material on record. 8. The afore-narrated facts are not in dispute. The petitioner hails from Nigeria. The proceedings before the Sessions Court is in progress. The plea of the petitioner before this Court is that, he wants to go back to his country - Nigeria. The issue would be whether pending prosecution against the petitioner for the afore-quoted offence, can the petitioner be sent back to his country - Nigeria. The Government of India on 25.11.2025, has issued a Standard Operating Procedure, governing the withdrawal of prosecution in cases involving foreign nationals, with the avowed objective of facilitating their deportation. The preamble to the said SOP records circumstances which necessitated its formulation. The preamble is as follows:- - 6 - HC-KAR NC: 2026:KHC:23029 CRL.P No. 6554 of 2026 “I am directed to say that misuse of legal procedures by certain foreign nationals who intentionally implicate themselves in criminal offences to delay deportation or gain prolonged stay in the India has been observed by the Law Enforcement Agencies in various States/UTs. Once the case is registered, these foreigners use various legal and procedural tactics viz., repeated adjournments sought on medical grounds, change of counsel, filing frivolous applications before the trial Court such as bail & discharge, absconding between hearings, claiming refugee status on frivolous ground during pending trial and by challenging various stages of trial procedure in higher courts. These tactics have often resulted in prolonged under trial detention or bail with restrictions, effectively allowing them to remain in India for years and expand their criminal activities, gangs and organized crimes in the country. 2. This matter came up for consideration at the DGsP/IGsP Conference, 2024, when it was inter alia decided that a comprehensive policy/legal framework to prevent misuse of judicial process by foreigners to overstay may be formulated by the Ministry of Home Affairs, in consultation with all stakeholders. It was further decided that the policy may examine withdrawal of cases where punishments were less than 7 years to facilitate deportation. 3. Accordingly, the matter regarding framing of a model Standard Operating Procedure (SOP) for withdrawal from prosecution in cases filed against foreigners to facilitate their deportation has been examined by this Ministry in consultation with various stakeholders. Based on the inputs received from various stakeholders, a model SOP has been prepared in this regard within the framework of Section 360 of Bharatiya Nagrik Suraksha Sanhita, 2023 (46 of 2023) and a copy of the same is enclosed. 4. The model SOP indicates the types of cases where withdrawal from prosecution may be considered against the foreigners, types of cases where such withdrawal from prosecution may not be - 7 - HC-KAR NC: 2026:KHC:23029 CRL.P No. 6554 of 2026 considered and the detailed procedure that may be followed by State/UT prosecuting agencies and central prosecuting agencies for withdrawal from prosecution in such cases. Review of such cases by two Committees i.e., one District Level Screening Committee and another State Level Screening Committee in cases filed by State/UT prosecuting agencies is envisaged in the model SOP. In cases filed by central prosecuting agencies, it has been suggested that they may consider constituting an Agency Screening Committee to review such cases. 5. The objective of this model SOP is to prevent misuse of the judicial process by foreigners to prolong their stay in India. This will facilitate early deportation of such foreigners from the country and will also help in conservation of valuable judicial resources. 6. State/UT prosecuting agencies and central prosecuting agencies are advised to consider adopting the enclosed model SOP, by taking approval of the respective competent authorities, for withdrawal from prosecution in respect of cases filed against foreigners. Steps taken in this regard may please be intimated to this Ministry at the earliest.” (Emphasis supplied) It is observed that certain foreign nationals have been misusing the legal process of the country by deliberately implicating themselves in criminal proceedings, so as to thwart or delay deportation and thereby prolong their stay within the territory of India. The background to bring in the SOP reads as follows: - 8 - HC-KAR NC: 2026:KHC:23029 CRL.P No. 6554 of 2026 “1. Background Misuse of legal procedures by certain foreign nationals who intentionally implicate themselves in criminal offences to delay deportation or gain prolonged stay in India has been observed by the Law Enforcement Agencies in various States/UTs. Once the case is registered, these foreigners use various legal and procedural tactics viz., repeated adjournments sought on medical grounds, change of counsel, filing frivolous applications before the trial Court such as bail & discharge, absconding between hearings, claiming refugee status on frivolous ground during pending trial and by challenging various stages of trial procedure in higher courts. These tactics have often resulted in prolonged under-trial detention or bail with restrictions, effectively allowing them to remain in India for years and expand their criminal activities, gangs and organized crimes in the country. In the DGsP/IGsP Conference, 2024, it was inter-alia decided as under: “A comprehensive policy/legal framework to prevent misuse of judicial process by foreigners to overstay, to be formulated by MHA, in consultation with all stakeholders, including MEA, IB and legal officers. The policy would examine withdrawal of cases where punishments were less than 7 years, to facilitate deportation.”.” The types of cases where withdrawal of prosecution is to be considered are as follows: “3. Types of cases where withdrawal from prosecution may be considered against the foreigners. (i) An offence registered under the Bharatiya Nyay Sanhita, 2023 (45 of 2023) which is compoundable under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023(Act 46 of 2023). - 9 - HC-KAR NC: 2026:KHC:23029 CRL.P No. 6554 of 2026 (ii) An offence registered under the Bharatiya Nyay Sanhita, 2023 (45 of 2023) which carries a punishment of imprisonment of up to 7 years. (iii) An offence registered under any Central Act, including the Immigration and Foreigners Act, 2025 (13 of 2025) and its predecessor Acts, but other than Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 (61 of 1985) or any State Act which is compoundable and/or where the punishment provided for the offence in the Act is imprisonment of up to 7 years. (iv) An offence under the NDPS Act which carries a punishment of imprisonment up to ten years. (v) Cases involving inexpediency of prosecution where trial is pending for more than five years.” (Emphasis supplied) In the light of the afore-quoted Standard Operating Procedure and the submissions of the learned Deputy Solicitor General of India, this Court deems it appropriate to quash the impugned proceedings against the petitioner. 10. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is disposed. (ii) Respondent Nos.1 and 2 – State shall follow the procedure in terms of the Standard Operating Procedure to withdraw the crime registered against the petitioner. - 10 - HC-KAR NC: 2026:KHC:23029 CRL.P No. 6554 of 2026 (iii) The petitioner shall obtain emergency travel documents from the Consulate of Nigeria and place it before respondent No.3, forthwith, to enable the petitioner to move out of the shores of this nation. (iv) Respondent No.3 – the FRRO shall take appropriate steps to deport the petitioner to his country – Nigeria, without brooking any delay, at the costs of the petitioner. Ordered accordingly. I.A.No.1/2026 stands disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 4 Sl No.: 36