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Supreme Court of India 2022-07-19 allowed

NARCOTICS CONTROL BUREAU vs MOHIT AGGARWAL

Bench: 3 — N. V. Ramana, Krishna Murari, Hima Kohli

In Brief

The Narcotics Control Bureau challenged a High Court order granting bail to an accused charged with illegal drug trafficking under the NDPS Act. Narcotic drugs were recovered from a parcel, and large quantities were recovered from co-accused based on the respondent's disclosures to NCB officials. The Supreme Court held that under Section 37 of the NDPS Act, bail cannot be granted unless the court is satisfied on reasonable grounds (more than prima facie) that the accused is not guilty and unlikely to reoffend. Circumstantial evidence—such as disclosures leading to drug recoveries and phone contacts between co-accused—sufficed to deny bail. The Court quashed the bail order and directed the accused's custody.

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Drug Laws Bail and Bonds Criminal Procedure Narcotic Drugs and Psychotropic Substances

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