2024 Supreme(SC) 543

SUPREME COURT OF INDIA
ABHAY S. OKA, UJJAL BHUYAN, JJ.
Frank Vitus – Appellant
Versus
Narcotics Control Bureau & Ors. – Respondents
Criminal Appeal No. Of 2024 (Arising out of S.L.P. (Crl.) No. 6339-6340 of 2023)
Decided On : 08-07-2024

IMPORTANT POINTS
(1) Grant of bail – Bail conditions cannot be fanciful, arbitrary or freakish – While imposing bail conditions, Constitutional rights of accused who is ordered to be released on bail, can be curtailed only to minimum extent required.
(2) Grant of bail – Bail conditions cannot be so onerous as to frustrate order of bail itself – Court cannot impose a condition on accused to keep Police constantly informed about his movement from one place to another – It is not necessary that in every case where bail is granted to accused in an NDPS case who is a foreign national on the ground of long incarceration of more than 50% of minimum sentence, condition of obtaining ‘certificate of assurance’ from Embassy/High Commission should be incorporated.
(3) Grant of bail to a foreign national – Condition imposed on appellant of dropping a PIN on Google Map gives impression that the condition will enable NCB to monitor movements of accused on a real-time basis, which will be violative of right to privacy guaranteed under Article 21.

Headnote:

(A) Criminal Procedure Code, 1973 – Sections 437(3) and 439 [Bhartiya Nagarik Suraksha Sanhita, 2023 – Section 483]- – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Constitution of India – Article 21 – Grant of bail – Imposition of conditions – Once a case is made out for a grant of bail in accordance with Section 37, conditions of bail will have to be in terms of Section 437(3) of Cr.P.C. – Bail conditions cannot be fanciful, arbitrary or freakish – Object of imposing conditions of bail is to ensure that accused does not interfere or obstruct investigation in any manner, remains available for investigation, does not tamper with or destroy evidence, does not commit any offence, remains regularly present before Trial Court and does not create obstacles in expeditious conclusion of trial – Cooperating with investigation does not mean that accused must confess – Conditions incorporated in order granting bail must be within four corners of Section 437(3) – Bail conditions must be consistent with object of imposing conditions – While imposing bail conditions, Constitutional rights of accused who is ordered to be released on bail, can be curtailed only to minimum extent required – Even an accused convicted by a competent Court and undergoing sentence in prison is not deprived of all his rights guaranteed by Article 21 of Constitution. (Para 7)

(B) Criminal Procedure Code, 1973 – Sections 437(3) and 439 [Bhartiya Nagarik Suraksha Sanhita, 2023 – Section 483]- – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Constitution of India – Article 21 – Grant of bail – Imposition of conditions – Courts must show restraint while imposing bail conditions – While granting bail, Courts can curtail freedom of accused only to the extent required for imposing bail conditions warranted by law – Bail conditions cannot be so onerous as to frustrate order of bail itself – Court cannot impose a condition on accused to keep Police constantly informed about his movement from one place to another – Object of bail condition cannot be to keep constant vigil on movements of accused enlarged on bail – Investigating agency cannot be permitted to continuously peep into private life of accused enlarged on bail, by imposing arbitrary conditions since that will violate right of privacy of accused as guaranteed by Article 21 – If constant vigil is kept on every movement of accused released on bail by use of technology or otherwise, it will infringe rights of accused guaranteed under Article 21, including right to privacy – If accused, after being enlarged on bail, commits breach of bail conditions or commits any offence, Courts always have power to cancel bail – A condition cannot be imposed while granting bail which is impossible for accused to comply with. (Paras 7.1, 8 and 9)

(C) Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Criminal Procedure Code, 1973 – Sections 437(3) and 439 [Bhartiya Nagarik Suraksha Sanhita, 2023 – Section 483]- – Constitution of India – Article 21 – Grant of bail – Imposition of conditions – Accused is a foreign national – Condition imposed on appellant of dropping a PIN on Google Map gives impression that the condition will enable NCB to monitor movements of accused on a real-time basis, which will be violative of right to privacy guaranteed under Article 21 – PIN location does not enable real-time tracking of user or user’s device – As such, condition of accused dropping a PIN on Google Maps, is completely redundant as the same does not help NCB – Imposing any bail condition which enables Police/Investigation Agency to track every movement of accused released on bail by using any technology or otherwise would violate right to privacy guaranteed under Article 21 – Condition deserves to be deleted and ordered accordingly – It is not necessary that in every case where bail is granted to accused in an NDPS case who is a foreign national on the ground of long incarceration of more than 50% of minimum sentence, condition of obtaining ‘certificate of assurance’ from Embassy/High Commission should be incorporated – It will depend on facts of each case – Grant of such a certificate by Embassy/High Commission is beyond control of accused to whom bail is granted – When Embassy/High Commission does not grant such certificate within a reasonable time, accused, who is otherwise held entitled to bail, cannot be denied bail on the ground that such a condition, which is impossible for accused to comply with, has not been complied with – Court will have to delete the condition – Courts must remember that accused has no right to compel Embassy/High Commission to issue such a certificate – Instead of condition of obtaining such a certificate, condition of surrendering Passport and regularly reporting to local police station/Trial Court can always be imposed, depending upon facts of each case – Condition of dropping a PIN of Google Maps, deleted. (Paras 10, 10.1, 10.2, 11.1, 12 and 15)

Facts of the case:

Appellant is being prosecuted for offences punishable under Sections 8, 22, 23, and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. Appellant was arrested on 21st May 2014. By first impugned order dated 31st May 2022, appellant was ordered to be enlarged on bail subject to various terms and conditions incorporated in the said order.

Findings of Court:

The case shall be listed on 15 July 2024 for passing final orders after considering the compliances made by appellant so far.

Result : Directions issued.