NARCOTICS CONTROL BUREAU versus MOHIT AGGARWAL

NARCOTICS CONTROL BUREAU versus MOHIT AGGARWAL

While confessional statements under Section 67 NDPS Act are inadmissible and must be excluded, the court must still apply the strict conditions of Section 37; on the facts, even excluding Section 67 statements, circumstantial evidence (disclosures leading to large recoveries and CDRs showing communications) meant the High Court could not be satisfied there were reasonable grounds to believe the respondent was not guilty, and therefore bail under Section 37 was improperly granted; the High Court order granting post-arrest bail was quashed.

Parties
Appellant: NARCOTICS CONTROL BUREAU; Respondent: MOHIT AGGARWAL
Jurisdiction
India
Judgment Date
19 July 2022
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Granting Post Arrest Bail Under Section 439 Cr.p.c. and Section 37 NDPS Act
Outcome
Appeal allowed
Legal Topics
Section 37 NDPS Act, Post Arrest Bail, Admissibility of Confessional Statements Under Section 67 NDPS Act, Circumstantial Evidence and Disclosure Leading to Recovery
Criminal Law Narcotics Law Procedural Law (bail) Section 37 NDPS Act Post Arrest Bail Admissibility of Confessional Statements Under Section 67 NDPS Act Circumstantial Evidence and Disclosure Leading to Recovery

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Parties

NARCOTICS CONTROL BUREAU

Appellant

MOHIT AGGARWAL

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Granting Post Arrest Bail Under Section 439 Cr.p.c. and Section 37 NDPS Act

Legal Issues

  1. 1 Whether confessional statements recorded under Section 67 of the NDPS Act are admissible in trial under the NDPS Act
  2. 2 Whether the conditions of Section 37 NDPS Act (reasonable grounds for believing accused is not guilty and not likely to offend while on bail) were satisfied to grant post-arrest bail
  3. 3 Whether circumstantial evidence including disclosures and CDRs justified denial of bail despite retraction of Section 67 statements

Ratio Decidendi

While confessional statements under Section 67 NDPS Act are inadmissible and must be excluded, the court must still apply the strict conditions of Section 37; on the facts, even excluding Section 67 statements, circumstantial evidence (disclosures leading to large recoveries and CDRs showing communications) meant the High Court could not be satisfied there were reasonable grounds to believe the respondent was not guilty, and therefore bail under Section 37 was improperly granted; the High Court order granting post-arrest bail was quashed.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order dated 16.03.2021 granting post-arrest bail to the respondent quashed and set aside
  • Bail bonds of the respondent cancelled