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Supreme Court of India 2020-01-28 allowed

SUJIT TIWARI vs THE STATE OF GUJARAT

Bench: 2 — L. Nageswara Rao, Deepak Gupta

In Brief

The appellant was arrested for alleged conspiracy to smuggle approximately 1,445 kg of heroin aboard the ship MV Hennry, intercepted by the Indian Coast Guard on 29 July 2017. He was the brother of the ship's Master. The Supreme Court granted bail under Section 37 of the NDPS Act, finding that while the appellant's brother was clearly involved in the smuggling, the evidence against the appellant—limited to WhatsApp messages and a recanted statement—did not establish his guilty knowledge of the full extent of the conspiracy. The Court noted a reasonable possibility of acquittal. Stringent conditions were imposed, including deposit of passport, residence restriction, daily reporting to police/NCB, and investigation cooperation obligations.

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Criminal Law Bail Narcotics NDPS Act Criminal Procedure Evidence Conspiracy

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