Bombay High Court

SVETLANA VARGANOVA PRESENTLY LODGED IN DETENTION CENTER AT MAPUSAversusUNION OF INDIA THR MINISTRY OF HOME AFFAIRS AND 3 ORS

Disposal: Disposed of

Holding

The detention order remains in force pending the FRRO’s decision on the visa application, and the petition is disposed.

Summary

The petitioner, Svetlana Varganova, was detained by the FRRO in Goa on 7 August 2026 for lacking a valid passport and visa. She contended that she had been discharged by an NDPS Court on 27 July 2026 of offences under the NDPS Act, 1985, and had applied for an X Misc Visa on 15 August 2026. The Court held that the detention order remained justified but directed the petitioner to submit the discharge order to the FRRO in Mumbai for consideration. The FRRO, Mumbai was instructed to decide the visa application by 15 October 2026, and if granted, the detention would cease. The petition was consequently disposed.

Issues considered

What is the legal effect of the petitioner’s discharge order under the NDPS Act on the existing detention order issued by the FRRO?
Whether the petitioner is entitled to release pending the grant of an X Misc Visa.

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 20(b)(ii)(A), 22(A), 27, 8(c)

Subjects

detention
foreigners
visa
NDPS discharge
FRRO
writ petition
immigration law

Judgment

2026:BHC-GOA:1884-DB
                                              1 WPCR 379 2026

                Esha

                       IN THE HIGH COURT OF BOMBAY AT GOA
                         CRIMINAL WRIT PETITION NO.379 OF 2026

           SVETLANA VARGANOVA PRESENTLY
           LODGED IN DETENTION CENTER AT
           MAPUSA                                                    ... PETITIONER
             Versus
           UNION OF INDIA THR MINISTRY OF
           HOME AFFAIRS AND 3 ORS                                    ... RESPONDENTS


           Ms. Caroline Collasso, Advocate for the Petitioner.

           Mr. Somnath Karpe, Central Government Standing Counsel
           holding for Mr. Pravin Faldessai, Deputy Solicitor General of
           India with Ms. Swizel Falcao and Mr. Anand Shirodkar,
           Advocates for Respondent No. 1.

           Mr. Preetam Talaulikar, Additional Public Prosecutor for
           Respondent No. 2.


                                  CORAM:- VALMIKI MENEZES &
                                          AMIT S. JAMSANDEKAR, JJ.
                                  DATED :- 21st September, 2026

           P.C:
                The Petitioner challenges the order dated 07.08.2026 passed by
           the FRRO, Goa, by which the Petitioner has been detained in a
           Detention Centre since the Petitioner does not presently possess a
           valid passport and visa.


           2.     It is the Petitioner's case that she was discharged by an order of
           27.07.2026 by the NDPS Court, for the offence punishable under

                                                  Page 1 of 3
                                              21st September, 2026
                                  1 WPCR 379 2026


Section 8 (c) read with 20 (b) (ii) (A), 22 (A) and 27 of NDPS Act
1985; it is further her case that she has applied for 'X Misc Visa' on
15.08.2026 i.e. after the detention order dated 07.08.2026 was
passed by the FRRO, Goa (Respondent No. 2). The Petitioner,
however, does not disclose whether the discharge order dated
27.07.2026 was uploaded along with her Application for 'X Misc
Visa'.


3.    In these circumstances, the detention order dated 07.08.2026,
at present, is justified. However, it shall be open to the Petitioner, if
so advised, to append a copy of the discharge order dated
27.07.2026 to her Application for grant of an 'X Misc Visa', which
was initially submitted on 15.08.2026. The FRRO, Mumbai, shall
consider and decide the said Application on or before 15.10.2026.


4.       The FRRO, Goa, shall forward the aforesaid Application,
along with the documents uploaded in support thereof to the
FRRO, Mumbai. The Petitioner shall ensure that the Application is
duly completed and accompanied by all requisite annexures and
submitted to the FRRO, Goa on or before 30.09.2026.


5.          It is left open to the FRRO, Mumbai, to take into
consideration the aforesaid discharge order and all other relevant
documents while considering the Application. In the event the 'X
Misc Visa' is granted within the aforesaid period, or at any time

                                      Page 2 of 3
                                  21st September, 2026
                                                         1 WPCR 379 2026


                        prior thereto, the detention order shall necessarily be given effect to
                        in the light of such grant and in accordance with law.


                        6.        With these observations, the Writ Petition stands disposed
                        of.



                          AMIT S. JAMSANDEKAR, J.                    VALMIKI MENEZES, J.




Signed by: VAIGANKAR ESHA
SAINATH
                                                             Page 3 of 3
Designation: Personal Assistant
Date: 22/09/2026 16:45:06                                21st September, 2026

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