Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act 1985 – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 – ss.8, 21, 27A and 29 – On receiving information, a vehicle was intercepted by the NCB officers in which respondent and other two accused persons were travelling – Nothing objectionable was found in the course of personal search – However, search of car revealed two packets together weighing 3.300 kg hidden under the place where wiper is connected to the front bonnet of the car – The application for bail of the respondent was rejected by the Additional District and Sessions Judge – The High Court allowed the application for bail by the respondent – On appeal, held: The impugned order of the High Court, apart from observing that no contraband was found from the personal search and observed that twin conditions contained in s.37(1)(b) of the NDPS Act were satisfied – The High Court ignored the following circumstances: (i) The respondent was travelling in the vehicle all the way from Dimapur in Nagaland to Rampur in Uttar Pradesh with the co-accused; (ii) The complaint notes that the CDR analysis of the mobile number used by the respondent indicated that he was in regular touch with the other accused persons who were known to him; (iii) The quantity of contraband found was of commercial quantity; and (iv) The contraband was concealed in the vehicle in which the respondent was travelling with the co-accused – The High Court overlooked crucial requirements and glossed over the circumstances which were material to the issue as to whether a case for grant of bail was established – In failing to do so, the order of the High Court becomes unsustainable – Moreover, after the respondent was enlarged on bail he has consistently remained away from the criminal trial resulting in the issuance of a non-bailable warrant against him –Therefore, the impugned judgment and order of the High Court is set aside – Accordingly, the respondent is directed to surrender. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 526 |
Petitioner | Union Of India Through Narcotics Control Bureau, Lucknow |
Respondent | Md. Nawaz Khan |
SCR | [2021] 7 S.C.R. 819 |
Judgement Date | 2021-09-20 |
Case Number | 1043 |
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