In Brief
The Supreme Court set aside the High Court's bail order for a drug-trafficking suspect arrested with 3.3 kg of morphine (a commercial quantity) in a vehicle. The respondent claimed he was an innocent passenger with no knowledge of the contraband hidden on the vehicle's front bonnet. The Court held that the High Court failed to properly apply the stringent bail test under Section 37(1)(b)(ii) of the NDPS Act. The Court emphasized that consciousness of possession must be assessed holistically, considering the respondent's long-distance travel with co-accused, regular contact shown in cell phone records, and the commercial quantity involved—not merely the absence of personal recovery. The respondent's subsequent non-appearance for trial further supported cancellation of bail.
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