The bench of CJI. N. V. Ramana, and Justices Krishna Murari and Hima Kohli, stated that the narrow parameters of bail available under Section 37 of the NDPS Act, have not been satisfied in the case.

In this case, the NCB has challenged the judgment and order passed by the High Court of Delhi granting post-arrest bail to the accused (respondent), where the accused (respondent) is facing trial for the offense under Sections 8/22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Mr. Jayant K. Sud, counsel for the appellant, submitted that, while granting bail to the respondent, the High Court erred in observing that no incriminating material was recovered by the NCB officials at his residence.

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Mr. P.K. Jain, Counsel for the Respondent, submitted that, in the alleged incident, no recovery was made from the respondent and nothing was found from the search conducted at his residence and shop.

The Supreme Court stated that “at the stage of examining an application for bail in the context of Section 37 of the Act, the Court is not required to record a finding that the accused person is not guilty." The Court is also not expected to weigh the evidence to arrive at a finding as to whether the accused has committed an offense under the NDPS Act or not. "

The Supreme Court opined that the narrow parameters of bail available under Section 37 of the Act had not been satisfied in the facts of the case.

At this stage, it is not safe to conclude that the respondent has successfully demonstrated that there are reasonable grounds to believe that he is not guilty of the offense alleged against him, for him to have been admitted to bail.

In view of the above, the Supreme Court allowed the appeal.

Case Title: Narcotics Control Bureau v. Mohit AggarwalBench: CJI. N. V. Ramana, J. Krishna Murari, and J. Hima Kohli.Citation: CRIMINAL APPEAL NOS. 1001-1002 OF 2022

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