The Uttarakhand High Court has directed authorities to unconditionally release the passport of a French woman, stating that imposing travel restrictions on her was no longer valid following her acquittal in a narcotics case and the subsequent dismissal of the state government's appeal.
Court Declares Restrictions Unjustified
A division bench comprising Justice Ravindra Maithani and Justice Alok Mahra ruled that the petitioner, 60-year-old Royer Nicole, is free to travel without submitting any undertaking or bond. The bench explicitly stated, "Since the petitioner has already been acquitted and her acquittal confirmed, imposing any restrictions on her is not justified. She is free to go wherever she wants." This order came after Nicole challenged a condition attached to the return of her passport by a lower court.
Case Background and Arrest
Royer Nicole, a resident of the Dinapani area in Almora district, was arrested on February 18, 2022. The arrest was made under the stringent Narcotic Drugs and Psychotropic Substances (NDPS) Act. Police had claimed recovery of two pouches of charas, weighing 50 grams and 936 grams, from her near Loharkhet in Bageshwar district.
She remained in custody for nearly ten months before securing bail on December 23, 2022. The legal process continued until August 30, 2025, when the Special Sessions Court in Bageshwar acquitted her in the case titled State vs Royer Nicole and others.
Conditional Passport Return and High Court Challenge
Following her acquittal, the sessions court had ordered the return of her passport but imposed two key conditions:
- She had to furnish a personal bond of Rs 30,000.
- She was required to provide an undertaking that she would not leave India during the appeal period without permission from the investigating officer or the court.
- She also had to agree to produce her passport if demanded by either authority.
Nicole approached the Uttarakhand High Court specifically to challenge the second condition regarding the undertaking. During the hearing, the bench noted a crucial development: the appeal filed by the state government against her acquittal had already been dismissed. This dismissal rendered the previously imposed conditions legally untenable.
Unconditional Freedom to Travel
The High Court's decision effectively removes all legal hurdles for Nicole's travel. The court disposed of her petition, clarifying that she is no longer required to submit any undertaking to authorities. The order mandates the unconditional release of her passport, restoring her full freedom of movement after a prolonged legal battle spanning over three years from the date of her arrest.
This ruling underscores the principle that restrictions on personal liberty, especially travel, cannot persist after a person has been conclusively acquitted of charges and the state's attempt to challenge that acquittal has failed.
