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SANJAY KAROL, MANMOHAN
Union Of India Thr. I. O. Narcotics Control Bureau – Appellant
Versus
Man Singh Verma – Respondent
JUDGMENT :
(Sanjay Karol, J.)
1. The present appeal arises from the impugned order dated 22nd May, 2024 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Crl. Misc. Bail Application No.2812 of 2023, wherein the High Court directed the Director of Narcotics Control Bureau1[For short ‘NCB’], New Delhi, to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs) as compensation to the respondent for the alleged wrongful confinement. Aggrieved by the said direction, the Union of India through NCB has preferred the present appeal.
2. The brief facts leading to the present appeal are as under :-
2.1. In a joint operation, the NCB seized 1280 grams of brown powder (allegedly heroin) from the possession of Man Singh Verma (respondent herein) and one Aman Singh. Accordingly, Criminal Case No.02/2023 was registered against the respondent under Sections 8(C), 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 19852[Abbreviated as ‘NDPS’] on 6th January, 2023, consequently, he was remanded to judicial custody.
2.2. NCB prepared an arrest memo on the same date and drew four samples – SO1, SD1, SO2 and SD2 from the recovered substance. Two of these samples (SO1 and SD1) were
Bail – Grant of compensation for alleged wrongful confinement in adjudication of a bail application is illegal.
The main legal point established in the judgment is the impact of delay in trial on the accused's right to liberty, especially in cases governed by stringent bail conditions under special acts like t....
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
Prolonged incarceration exceeding four years justifies bail under the NDPS Act, overriding statutory restrictions due to infringement of personal liberty under Article 21.
The compliance of provisions under Section 50 of NDPS Act, the recovered quantity of contraband, and the application of Section 37 of NDPS Act are crucial in determining bail applications under the N....
The mandatory compliance with Section 50 of the NDPS Act is requisite during searches, and bail is only permissible if the twin conditions of Section 37 of the NDPS Act are satisfied.
The court ruled that a bail order confirmed by a higher court cannot be revoked by a co-ordinate bench without new evidence and proper procedures.
The court reaffirmed that bail under the NDPS Act requires strict adherence to Section 37(1)(b)(ii), emphasizing that health conditions alone do not justify bail in serious drug offenses.
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