NDPS Act: Supreme Court Cancels Bail of Mohammed Afzal in Drug Trafficking Case

The case of State by NCB Bengaluru vs. Pallulabid Ahmad Arimutta & Anr. and related matters deals with bail applications and the strict provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Supreme Court analyzed the legality of bail granted to multiple accused persons involved in a drug trafficking case. While the Court upheld bail for most of the accused, it canceled the bail of Mohammed Afzal, citing the recovery of commercial quantities of drugs in his possession.

Background of the Case

The case arose from two connected cases registered by the Narcotics Control Bureau (NCB), Bengaluru Zonal Unit—Case FN No. 48/01/03/2019/BZU and Case FN No. 48/01/07/2019/BZU. These cases involved an international drug trafficking network where drugs were smuggled from India to Doha.

On March 22, 2019, NCB officers received intelligence that two persons, Nausheer Mohammed and Noushad Mannakkamvalli, were about to carry drugs to Doha. A search at Bengaluru International Airport led to the seizure of:

4.525 kg of Hashish
965 grams of Amphetamine
30 grams of Cocaine

Based on investigations and call detail records (CDRs), additional accused were arrested, including Mohammed Afzal and Munees Kavil, who were found to be part of the drug syndicate.

Petitioner’s Arguments

The NCB, represented by S.V. Raju and K.M. Nataraj, challenged the Karnataka High Court’s decision to grant bail to the accused on the following grounds:

The High Court erred in ruling that the strict conditions of Section 37 of the NDPS Act were not applicable.
None of the accused had satisfied the conditions for bail under Section 37, which requires proving that they are not guilty and are not likely to commit similar offenses.
The High Court wrongly presumed that the accused had reasonable grounds for innocence.
Statements of co-accused under Section 67 of the NDPS Act linked the accused to the drug trade.
CDR evidence proved that the accused were in constant touch with each other and coordinated drug trafficking activities.

Respondents’ Arguments

The accused, represented by their legal counsel, contended the following:

The prosecution relied mainly on statements under Section 67 of the NDPS Act, which the Supreme Court had ruled inadmissible in Tofan Singh vs. State of Tamil Nadu.
None of the accused were caught in physical possession of drugs, except Mohammed Afzal.
CDR evidence alone could not prove active involvement in drug trafficking.
The High Court had rightly considered the delay in trial and granted bail accordingly.

Key Observations of the Supreme Court

A bench comprising Chief Justice N.V. Ramana, Justice Surya Kant, and Justice Hima Kohli made the following critical observations:

Except for Mohammed Afzal, the arrests were made primarily on the basis of statements recorded under Section 67 of the NDPS Act, which are inadmissible.
There was no recovery of commercial quantities of drugs from most of the accused.
However, in the case of Mohammed Afzal, large quantities of drugs were recovered from his rented premises and a handbag at the airport.
The High Court had incorrectly granted bail to Mohammed Afzal by treating his case at par with the other accused.
The Supreme Court reaffirmed that Section 37 of the NDPS Act requires strict compliance before granting bail.

Final Judgment

The Supreme Court issued the following rulings:

The bail granted to Mohammed Afzal was canceled, and he was directed to surrender within two weeks.
The bail granted to other accused was upheld since their arrests were based primarily on inadmissible confessions and call detail records.
The judgment in Tofan Singh vs. State of Tamil Nadu was reiterated, making confessions under Section 67 of the NDPS Act inadmissible.

Implications of the Judgment

The ruling has several important legal implications:

Strict Enforcement of NDPS Act: Courts must follow the stringent conditions under Section 37 before granting bail in drug-related cases.
Rejection of Section 67 Confessions: The Supreme Court reinforced that confessions made to NCB officers are inadmissible and cannot be the sole basis for arrest.
Case-Specific Bail Orders: While most accused were granted bail, the Court treated Mohammed Afzal differently due to the physical recovery of drugs.
Precedent for Future NDPS Cases: The ruling serves as a guideline for lower courts dealing with drug offenses under the NDPS Act.

Conclusion

The case of State by NCB Bengaluru vs. Mohammed Afzal and others highlights the complexities of drug-related prosecutions under the NDPS Act. The Supreme Court’s decision to cancel Mohammed Afzal’s bail while upholding bail for others underscores the principle that possession of commercial quantities of drugs significantly impacts bail eligibility. The ruling ensures that courts must adhere to the strict requirements of the NDPS Act before granting bail in similar cases.

Petitioner Name: State by NCB Bengaluru.
Respondent Name: Pallulabid Ahmad Arimutta & Anr..
Judgment By: Justice N. V. Ramana, Justice Surya Kant, Justice Hima Kohli.
Place Of Incident: Bengaluru, Karnataka.
Judgment Date: 10-01-2022.

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