In Brief
The Supreme Court set aside the High Court's order granting pre-arrest bail to respondents accused under the NDPS Act, 1985. The High Court had granted bail solely because no recovery was made from the accused and they were implicated only through disclosure statements of the main accused. The Supreme Court held that in serious NDPS offences, anticipatory bail should not be granted on these grounds alone. While the principles from Tofan Singh v. State of Tamil Nadu might apply at the regular bail stage or final trial hearing, they do not justify anticipatory bail in such cases. The appeals by the State were therefore allowed and the bail orders set aside.
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