Panaji: A fast track court has dismissed an application of an Iranian national to travel to his country for 45 days to visit his sick mother.Currently on bail in an NDPS case registered in 2018 which is still pending, he sought permission on humanitarian grounds to make a temporary journey to Iran as his mother is unwell. He stated in his application before the court that both his Iranian passport and his visa have expired.Public prosecutor Ian Pimenta pointed out that he did not ask the court for release of his passport or permission to renew his visa. There is also no guarantee that he shall return back to India, he said.The court said it was incumbent upon him to apply for a visa and pointed out that other foreigners who are accused, despite being in judicial custody apply for necessary visas.Although he stated his mother is sick, he provided no documentary evidence- neither any medical certificate or prescription of medicines nor his birth certificate to show that the lady is his mother, the court observed.The court said it was “surprising” that his visa expired in 2018 and that he had been overstaying in India since without even having applied for a visa after being out on bail for the past eight years.“Merely because the NDPS case is pending does not per se entitle the accused to stay in India without a valid visa and that too without applying for the same…,” stated Artikumari Naik, additional sessions judge, (fast track court-1), Merces.The court added that he also “deserves to be charged” for offences under the Foreigners Act 1946 and directed the investigating officer to do the needful in this regard.The Iranian national was allegedly found in possession of 1.3kg of suspected charas in Vagator during a raid in March 2018. He was granted bail in Nov the same year.
