The Supreme Court on Wednesday came to the rescue of a 32-year-old Ugandan woman who was granted bail by the Delhi High Court in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case but continued to remain in Tihar Jail for over six months only because she could not furnish the required solvent surety.
A bench comprising Justices JB Pardiwala and KV Viswanathan observed that once an accused makes out a case for bail, factors like financial difficulties or inability to furnish solvent surety should not stand in the way of release.
“Once an accused has been able to make out a case for bail, then factors like financial difficulties etc. should not come in the way of an accused in getting himself or herself released on bail,” the Court held.
The bench further noted that Article 21 of the Constitution applies equally to a foreign national facing prosecution in India.
The woman, Faridah Nakanwagi, was arrested in October 2022 in a case registered under Sections 8, 21, 23 and 28 of the NDPS Act. The Delhi High Court had granted her bail on 15.09.2025, but she could not comply with the condition of furnishing a solvent surety of even Rs.25,000/- despite repeated reductions in the amount by the Trial Court.
The Customs Department had approached the Supreme Court seeking cancellation of bail. However, during the hearing, Additional Solicitor General Rajkumar Bhaskar Thakre brought to the Court’s notice that the respondent was still in custody solely due to her inability to furnish surety.
Acknowledging her status as a foreign national and the practical difficulties involved, the Supreme Court modified the bail conditions and directed her immediate release upon furnishing a personal bond of Rs.25,000/-. The Court further directed that after release from Tihar Jail, she shall be taken to a detention centre for foreign nationals pending trial.
The passport of the accused is already with the Trial Court. The Court directed the Department to take steps with immigration authorities to ensure she does not leave the country. The Delhi State Legal Services Authority (DSLSA) has been asked to facilitate her release at the earliest and settle her in a detention centre.
The bench clarified that the trial shall proceed without being influenced by any observations made by the High Court in its bail order and that the guilt or innocence of the accused shall be determined strictly on the basis of evidence.
The Special Leave Petition filed by the Customs Department was accordingly disposed of.
Cause Title: The Customs v. Faridah Nakanwagi | SLP (Crl.) No. 2725/2026 (Order dated 18.03.2026)
Click HERE to read the Order.
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