VidhiSangh

Supreme Court of India · 19/07/2022

NARCOTICS CONTROL BUREAU versus MOHIT AGGARWAL

[2022] 7 S.C.R. 600 · 2022 INSC 730

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Summary

The NCB seized 50,000 Tramadol tablets from a courier parcel booked by a co-accused, who said he had bought them from the respondent, a medicine shopkeeper at Agra. The respondent's disclosures led the raiding team to a supplier's godown where a large haul of psychotropic tablets, injections and syrups was recovered, though nothing was found at his own shop or home. The Delhi High Court granted him bail, treating the Section 67 statements as inadmissible under Tofan Singh and finding no other incriminating material. The Supreme Court set the bail aside. In a commercial-quantity case, Section 37 permits bail only on reasonable grounds, meaning substantial probable cause, to believe the accused is not guilty. Even ignoring the retracted statements, the circumstantial evidence, including the recovery following his disclosure and call records linking the accused, meant that test was not met.

Issues

  1. Whether the High Court could grant bail under Section 439 CrPC to an accused in a commercial-quantity NDPS case without satisfying the twin conditions of Section 37 of the NDPS Act.
  2. Whether, excluding confessional statements under Section 67 of the NDPS Act as inadmissible under Tofan Singh, the remaining material disclosed reasonable grounds to believe the respondent was not guilty.

Provisions considered

Held

Result

Appeals allowed. The High Court's order of 16.03.2021 granting post-arrest bail was set aside, the bail bonds cancelled, and the respondent directed to be taken into custody forthwith.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 600.