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 22 37 and 67 – Post-arrest bail 1985 – ss. 8 29 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 – ss. 8, 22, 29, 37 and 67 – Post-arrest bail – Not granted – Respondent made statement u/s. 67 NDPS Act and disclosed that he was illegally selling and purchasing the illegal drugs from ‘PJ’ – Based on it, a search was conducted by NCB at the premise of co-accused-‘PJ’ and drugs covered under NDPS were recovered in huge quantities – Respondent was taken into custody – Respondent made application for bail before Special Judge, NDPS which was rejected – High Court granted bail to respondent u/s 439 of Cr.PC – NCB filed an appeal before the Supreme Court and submitted that in light of s.37 of NDPS Act, the High Court erred in granting bail to the respondent – Respondent contended that any confessional statement recorded u/s 67 NDPS Act is inadmissible in trial of offence under the said Act – Held: In view of the Tofan Singh case, the admissions made by respondent u/s. 67 NDPS Act is inadmissible in the trial under the NDPS Act – However, the disclosure statement made by the respondent to NCB which led to the searching of premises of coaccused-‘PJ’ and recovery of huge amount of illicit drugs and the arrest of ‘PJ’, which was based on respondent’s information shows that they were in touch with each other – As per s.37 of NDPS Act, only if the condition of reasonable grounds for believing that the person accused is not guilty of such an offence is satisfied, then only bail can be granted – Respondent have failed to demonstrate the same – Condition u/s. 37 NDPS Act was not satisfied – Order of post-arrest bail quashed and set aside – Code of Criminal Procedure, 1973 – s.439. |
Judge | Hon'ble Ms. Justice Hima Kohli |
Neutral Citation | 2022 INSC 730 |
Petitioner | Narcotics Control Bureau |
Respondent | Mohit Aggarwal |
SCR | [2022] 7 S.C.R. 600 |
Judgement Date | 2022-07-19 |
Case Number | 1001 |
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