BHARAT CHAUDHARY versus UNION OF INDIA

BHARAT CHAUDHARY versus UNION OF INDIA

The High Court's cancellation of bail granted to A-4 was unsustainable because (i) quantitative analysis required to establish commercial quantity of psychotropic substances was not carried out (test reports noted inability to perform quantitative analysis), (ii) many seized tablets were indicated to be herbal/sexual enhancement drugs not covered by the NDPS Act, (iii) no tablets were seized from A-4's possession, and (iv) reliance solely on statements under Section 67 and unverified printouts from devices was too tenuous; accordingly the High Court order quashing bail of A-4 was set aside and the trial court order granting bail was restored, and A-1 was ordered released on bail subject...

Parties
Petitioner: Bharat Chaudhary; Petitioner: Raja Chandrasekharan; Respondent: Union of India
Jurisdiction
India
Judgment Date
13 December 2021
Procedural Posture
Special Leave to Appeal (criminal) / Decided by Supreme Court (disposal of Slps)
Outcome
Special Leave Petitions disposed. Impugned High Court order dated 15 July 2021 quashed insofar as it cancelled bail of A-4; bail granted by trial court restored; A-1 ordered released on bail subject to satisfaction of trial court.
Legal Topics
Bail, Confessional Statements (section 67 Ndps), Commercial Quantity, Quantitative Analysis of Seized Samples, Conscious Possession, Digital Evidence (whats App, Devices), Seizure and Sampling Procedure
Narcotic Drugs and Psychotropic Substances Act 1985 Criminal Law Evidence Criminal Procedure Code Bail Confessional Statements (section 67 Ndps) Commercial Quantity Quantitative Analysis of Seized Samples +3 more

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Parties

Bharat Chaudhary

Petitioner

Raja Chandrasekharan

Petitioner

Union of India

Respondent

Procedural Posture

Special Leave to Appeal (criminal) / Decided by Supreme Court (disposal of Slps)

Legal Issues

  1. 1 Whether bail granted to A-4 could be lawfully cancelled by the High Court
  2. 2 Whether prosecution proved possession of psychotropic substances/commercial quantity at preliminary stage
  3. 3 Admissibility and weight of confessional/statements under Section 67 of the NDPS Act for arrest and detention of A-4

Ratio Decidendi

The High Court's cancellation of bail granted to A-4 was unsustainable because (i) quantitative analysis required to establish commercial quantity of psychotropic substances was not carried out (test reports noted inability to perform quantitative analysis), (ii) many seized tablets were indicated to be herbal/sexual enhancement drugs not covered by the NDPS Act, (iii) no tablets were seized from A-4's possession, and (iv) reliance solely on statements under Section 67 and unverified printouts from devices was too tenuous; accordingly the High Court order quashing bail of A-4 was set aside and the trial court order granting bail was restored, and A-1 was ordered released on bail subject...

Court Disposition

Special Leave Petitions disposed. Impugned High Court order dated 15 July 2021 quashed insofar as it cancelled bail of A-4; bail granted by trial court restored; A-1 ordered released on bail subject to satisfaction of trial court.

Orders

  • Impugned order dated 15.07.2021 quashed and set aside insofar as Bharat Chaudhary (A-4) is concerned
  • Order dated 02.11.2020 passed by the Special Judge, EC & NDPS Cases restored (bail of A-4)