In Brief
The Narcotic Control Bureau challenged bail orders granted by the Karnataka High Court to accused persons in two interconnected drug trafficking cases. The Supreme Court held that confessional statements recorded under Section 67 of the NDPS Act are inadmissible and cannot support bail cancellation. However, it distinguished the case of Mohammed Afzal, who was found in conscious possession of commercial quantities of drugs at his premises. The Court cancelled his bail, holding that Section 37 of the NDPS Act prevents extending bail benefits merely on grounds of parity with co-accused when commercial drug quantities are involved. Other bail orders were upheld as confessional statements alone were insufficient to deny bail.
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