In Brief
The Union of India challenged a High Court bail order granted to Md. Nawaz Khan, accused of drug trafficking under the NDPS Act. The NCB had recovered 3.3 kg of morphine concealed in a vehicle in which Khan was travelling with co-accused from Nagaland to Uttar Pradesh. The High Court had granted bail, citing absence of contraband found on Khan's person and procedural defects in the statement recording. The Supreme Court allowed the appeal, holding that under Section 37(1)(b)(ii) of the NDPS Act, bail requires substantial grounds that the accused is not guilty and unlikely to offend. The Court emphasized that conscious possession must be assessed from all circumstances, including the journey undertaken, contact with co-accused, the commercial quantity, and concealment method. The High Court had overlooked material circumstances and failed to apply stringent NDPS bail parameters.
The lawyer headnote and full judgment text are available to registered users.