VidhiSangh

Supreme Court of India · 13/12/2021

BHARAT CHAUDHARY versus UNION OF INDIA

[2021] 9 S.C.R. 551 · 2021 INSC 877

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Summary

The Court restored bail to one accused and granted bail to another in an NDPS prosecution arising from tablets allegedly exported as herbal medicines. The laboratory reports left quantitative analysis unresolved, many tablets contained unregulated potency-enhancement medicines, and no tablets were recovered from the first petitioner. Unverified electronic printouts and co-accused statements did not justify cancelling his bail on the material then available. The second petitioner had spent over two years in custody and the charge sheet was filed. All findings were expressly confined to bail.

Issues

  1. Whether the available laboratory reports and alleged links justified cancellation of A-4’s bail.
  2. Whether A-1 should receive regular bail after prolonged custody and filing of the charge sheet.

Provisions considered

Held

Result

Special leave petitions disposed of: cancellation of A-4’s bail set aside and his earlier bail restored; A-1 directed to be released on bail subject to the trial court’s satisfaction. Trial merits left unaffected.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 551.