VidhiSangh

Supreme Court of India · 28/02/2025

UNION OF INDIA THR. I.O. NARCOTICS CONTROL BUREAU versus MAN SINGH VERMA

[2025] 2 S.C.R. 1534 · 2025 INSC 292

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Summary

In a bail application under Section 439 CrPC that had become infructuous after the accused was released following a closure report, the High Court directed the Narcotics Control Bureau to pay Rs. 5,00,000 as compensation for wrongful confinement. The Court held that the jurisdiction under Section 439 CrPC is confined to the grant or refusal of bail, that compensation for violation of fundamental rights has been awarded only in proceedings under Article 32, and that the award was without authority of law; the compensation direction was set aside while leaving the respondent's other remedies open.

Issues

  1. Whether the High Court, exercising jurisdiction under Section 439 CrPC, can award compensation to an accused for alleged wrongful confinement.
  2. Whether the High Court could adjudicate on re-testing of samples and wrongful confinement in a bail application that had become infructuous after the accused's release.
  3. Whether the principle of compensatory relief for violation of fundamental rights recognised under Article 32 extends to bail proceedings under Section 439 CrPC.

Provisions considered

Held

Result

Appeal partly allowed. The High Court's direction to the Director, NCB to pay Rs. 5,00,000 as compensation set aside; the respondent's remedies otherwise available in law left open. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1534.