Legal Analysis in Drug Trafficking Bail Case

Explore the in-depth legal analysis provided by the court in a recent bail case related to drug trafficking. The court’s scrutiny of evidence, interpretation of the NDPS Act, and considerations for granting bail have significant implications. Delve into the intricate legal reasoning and precedents applied in this complex case.

Facts

• Respondents Abu Thahir @ Abdu [A-5] and Sabir Bayan [A-7] were released on bail for offences under the NDPS Act.
• They were arrested based on statements of co-accused and flight tickets of A-1 found in their house.
• Petitioner-NCB gathered credible information about drug trafficking to Doha involving respondents Abu Thahir and Mohammed Afzal [A-2].
• Accused Munees Kavil Paramabath [A-8] was found in conversation with other co-accused on the date of seizure at Bengaluru Airport parking area.
• Connected cases NCB Case FN No 48/01/03/2019/BZU and NCB Case FN No 48/01/07/2019/BZU are being disposed by a common order.

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Analysis

• The High Court’s order releasing the respondent on bail was primarily based on the comparison with other co-accused who were granted bail earlier.
• There were substantial drug recovery allegations against the respondent, which were overlooked in the bail order.
• The evidence at the time of arrest did not substantially connect the respondents with drug trafficking.
• Confessional statements under Section 67 of the NDPS Act were the main basis for arrests, which cannot be used as evidence in trial as per legal precedent.
• Only the respondent Mohammed Afzal (A-2) in the second case had evidence against him warranting a different treatment.
• None of the accused, except Mohammed Afzal, were found in possession of commercial quantities of drugs as per the NDPS Act.
• A-2 cannot seek parity with co-accused under Section 37 of the Act
• A-2 was found in conscious possession of commercial quantity of psychotropic substances
• No benefit could have been extended to A-2 under the NDPS Act
• Petitioner-NCB succeeds in SLP (Crl.) No 1569/2021

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Decision

• The bail granted to the respondent-Mohmmed Afzal [A-2] is cancelled and he is directed to surrender within two weeks.
• The impugned orders are upheld and the Special Leave Petitions by the petitioner-NCB seeking cancellation of bail are dismissed.

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Case Title: STATE BY NARCOTICS CONTROL BUREAU Vs. PALLULABID AHAMAD ARIMUTTA (2022 INSC 26)

Case Number: SLP(Crl) No.-000242-000242 / 2022

Click here to read/download original judgement