Court gave directives on overstaying of Foreign Nationals

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The high court of Bombay (Goa) has given directives for the disposal of cases against foreigners who stay in Goa without proper documents. The bench comprising of Justice Nutan D. Sardessai and Justice MS Sonak issued these directives to curb the stage at which the foreign nationals are released on bail, the Courts usually do not verify as to whether such foreign nationals have valid travel documents or whether visa period has already expired.

The court stated that the State is itself conscious that some foreign nationals, at times, deliberately involve themselves in petty offences, only in order to facilitate their overstay in India or otherwise defeat the provisions of the Foreigners Act, 1946, rules and orders made thereunder, we can only say that the State/Prosecution, in such cases, must either seek expedition of such matters by filing appropriate application before the Magistrate or Courts where such matters are pending or even consider whether withdrawal from the prosecution is a better option. The court, however, said that the approach could not be applied in case of serious offences, like under the NDPS Act, cyber fraud and rape, among others.