SUPREME COURT SETS ASIDE BAIL IN NDPS CASE AND ORDERS FRESH HEARING
CASE SUMMARY – The Supreme Court examined appeals filed by the Union of India challenging Bombay High Court orders granting bail to Vigin K. Varghese in two NDPS cases involving the seizure of 50.232 kg of cocaine from an imported fruit consignment. The Court held that the High Court failed to consider crucial prosecution materials, including statements, logistics control, and an earlier major linked drug seizure. It emphasized that Section 37 of the NDPS Act imposes strict conditions for bail in cases involving commercial quantities, which were not satisfied. Setting aside the bail orders, the Supreme Court remitted the matter to the High Court for fresh consideration.
| ASPECTS | DETAILS |
| Case Title | Union of India vs. Vigin K. Varghese |
| Introduction | Appeals filed by the Union of India challenging two High Court orders granting bail to the accused in NDPS prosecutions involving commercial quantities of cocaine imported into India. |
| Factual Background | DRI Mumbai seized 50.232 kg of Cocaine concealed in fruit consignment imported by the accused’s company. Statements under Sec. 67 and evidence of earlier seizure of 198.1 kg Methamphetamine + 9.035 kg Cocaine suggested involvement. High Court granted bail citing lack of antecedents, lack of knowledge, and prolonged custody. |
| Legal Issues | Whether High Court correctly applied Section 37 NDPS Act (twin conditions) while granting bail for commercial quantity narcotics; whether material showed prima facie involvement of accused. |
| Applicable Law |
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| Analysis | Supreme Court noted High Court failed to consider statements, logistics control, presence during seizure, and earlier linked seizure. It held that statutory requirement under Sec. 37 was not satisfied since High Court did not examine prosecution material or record satisfaction on twin conditions. |
| Conclusion | Supreme Court set aside both bail orders and remitted the matter to the High Court for fresh consideration under Sec. 37 NDPS Act. Accused to continue interim bail until fresh decision. |
| Current Scenario | As per the order, the matter is remitted to the Bombay High Court, which must now reassess bail within 4 weeks. Interim bail continues, subject to compliance with conditions. |
“Bail in NDPS cases involving commercial quantity must satisfy statutory twin conditions under Section 37.”
SOURCE – SUPREME COURT OF INDIA
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