2026 Supreme(SC) 946

SUPREME COURT OF INDIA
SANJAY KAROL, AUGUSTINE GEORGE MASIH, JJ.
Union of India – Appellant
Versus
Chidiebere Kingsley Nawchara & Ors. – Respondents
Criminal Appeal No(s). 3878 of 2026 (@ Special Leave Petition (Crl.) No(s). 14185 of 2025)
Decided On : 17-08-2026

In NDPS cases involving commercial quantities, bail cannot be granted without recording satisfaction of the twin conditions under Section 37; delayed trial and long incarceration do not override the statutory bar. An accused foreign national who absconds with fake sureties forfeits bail, and courts must impose stringent verification conditions.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 21(c), 23(c), 27A, 28, 29, 31A, 35 and 37; Code of Criminal Procedure, 1973 - Section 436A; Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 479, 485, 487, 488, 491 and 493; Constitution of India - Articles 21 and 142 - Bail - Cancellation of bail - Foreign nationals - Commercial quantity - Twin conditions under Section 37 - Mandatory satisfaction of reasonable grounds for believing that the accused is not guilty and not likely to commit any offence - Delay and long incarceration do not, by themselves, override the statutory conditions; they operate within the constitutional framework - The High Court granted bail without recording satisfaction under Section 37, ignoring the accused's previous conviction under the NDPS Act and the recovery of approximately 5 kg of heroin - Accused absconded and sureties were found to be fake - Bail granted by the impugned order cancelled.

(B) Special statutes - Comparative analysis - The restrictions under Section 37 of the NDPS Act are more stringent than Section 43D of the UAPA - Article 21 is available to foreign nationals but statutory rigours must be honoured; indefinite incarceration cannot be permitted. (Paras 9-12)

(C) Sureties - Fake sureties - Foreign nationals - Directions under Article 142 - Deposit of passport with court; registration with FRRO within one week; two sureties of like amount (relaxable for reasons recorded); verification of sureties within three days before release; re-verification of residential address within three days; affidavit disclosing source of funds and bank accounts; intimation to embassy of the accused's country; creation of centralised database; departmental inquiry against officials who verified fake sureties; lien/charge on surety's property for the bond amount; digital portal for verification; insertion of Form 47A after Form 47 of BNSS, 2023. (Paras 28.1-28.26 and 29)

Facts of the case:
The respondent-accused, a foreign national, was arrested in connection with the recovery of 4,935 grams of heroin from a co-accused; the investigation showed that the accused was part of an international drug trafficking syndicate and had previously been convicted in an NDPS case. His bail application was rejected by the Special Judge, but the High Court allowed it on the ground of long incarceration and because the prosecution case rested substantially on the statement of a co-accused. The appellant challenged the bail order. This Court stayed the bail and directed arrest. The accused could not be traced; verification revealed that the surety's address was non-existent, the employer and bank account were false, and the identity documents were forged.

Findings of Court:
The High Court failed to record satisfaction of the twin conditions under Section 37(1)(b)(ii). The two-and-a-half-year incarceration did not obviate the statutory requirement, particularly when the accused had a prior conviction and the quantity of heroin was about 5 kg, attracting Section 31A. As the accused had absconded and the sureties were fake, the order granting bail stood cancelled. The Court, noting the systemic issue of fake sureties in cases involving foreign nationals, issued binding directions under Article 142 applicable to all courts while granting bail to foreign nationals in NDPS cases involving commercial quantity.

Issues: Whether the High Court erred in granting bail without recording satisfaction under Section 37; whether the bail should be cancelled for violation of conditions; what directions are necessary to prevent the menace of fake sureties in cases involving foreign nationals under the NDPS Act.

Ratio Decidendi: In cases under the NDPS Act involving commercial quantity, bail can be granted only if the court is satisfied that there are reasonable grounds for believing that the accused is not guilty and that he is unlikely to commit any offence while on bail. Long incarceration and delay in trial cannot be the sole ground to bypass the statutory twin conditions; Article 21 and Section 37 must be harmonised. If the accused absconds and sureties are found to be fictitious/non-existent, the bail is liable to be cancelled. To ensure the presence of foreign nationals and to prevent fake sureties, stringent pre-release verification and special conditions are required.

Result: Appeal disposed of. The bail granted to the respondent-accused by the impugned order is cancelled. Directions issued in paragraph 29 shall be followed; pending applications stand disposed of.