Jean Cyrilli Koffi Thr His Friend Jude Vs State of Punjab and Anr.

The petitioner, Jean Cyrilli Koffi, a passport holder of Ivoirian, claims to have been detained by respondent No.2, seeking release from such detention, had come up before this Court by filing the present Criminal Writ petition and Habeas Corpus.

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ANJU RANI 2026.03.05 15:22I attest to the accuracy and integrity of thisdocument 2. The petitioner along with another person, was tried under the NDPS Act and the Punjab and Haryana High Court Chandigarh other co-convict, namely Bobby Verma, was convicted by the Special Court, Fatehgarh

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Sahib, however the present petitioner was acquitted. Feeling aggrieved, the convict-Bobby Verma had filed his criminal appeal before this court, and the State of Punjab also filed a Leave to appeal against acquittal, along with the application to condone the delay. Vide judgment dated 20.02.2026, we had dismissed the application for leave to appeal filed by the State along with application for condonation of delay. The dismissal of the appeal implies that as of date no case is pending against the petitioner in the above said FIR.

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The Deputy Secretary, Councilor, Passport and Visa Division, Ministry of External Affairs, had filed a status report in the present case, which is dated 15^th April 2025. She stated that, on the request of the State Government, they had sought confirmation of the nationality of the petitioner from the concerned embassy. She further stated that she could not have been deported directly to their home country and the procedure for repatriation of foreigners who were arrested had been laid down. This procedure was communicated through Office Order number 25022/19/2014 F.I. dated 24^th April, 2014. It is explicitly stated in paragraph 3 of the said communication that a foreign national prisoner can only be deported after completion of their sentence/ court proceedings.

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Given above, now as of date, no Court proceedings are pending against the present petitioner-Jean Cyrilli Koffi in the present FIR, as such, there can be no reason to detain him.

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We cannot lose sight of the fact that the applicant was arrested in FIR No.187 dated 18^th November 2020, registered in Police Station Khamanon, District Fatehgarh Sahib. After that, he was arrested in the said FIR from Delhi on 23^rd November 2020, and 250 grams of heroin was allegedly recovered from him. The trial Court did not find the evidence against him convincing and acquitted him. The judgment of acquittal was challenged before this Court and we also did not interfere in the same, thereby upholding the acquittal. Consequently, as of date, no matter, arising out of FIR No.187 dated 18^th November 2020, registered in Police Station Khamanon, District Fatehgarh Sahib, is pending.

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Even after acquittal, the petitioner had to remain in India because of the pendency of the State’s appeal, which was barred by limitation. Without commenting on such restrain, as of date, nothing is pending against the petitioner, as such, no hindrance be placed by the authorities in his leaving the country, and in case, his passport has been detained, then the same be released by the concerned officer and if the passport is lying before the trial court, the trial court shall hand over the same, and at the time of handing over, a photocopy of passport shall be kept by the Court. In case any Look Out Circular is issued against the petitioner in FIR no.187, then the same shall also not be exercised against the petitioner, and he shall be permitted to leave the country. All orders detaining or restraining the present petitioner in the present FIR, shall not be enforced against the

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ANJU RANI2026.03.05 15:22 petitioner, for the reason that he was not only acquitted by the trial court but his acquittal I attest to the accuracy and integrity of this document Punjab and Haryana High CourtChandigarh has been upheld by a Division Bench of this Court.

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