Union of India v. Vigin K. Varghese; 2025 INSC 1316 - S.37 NDPS Act - Bail
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37- Allowing an appeal against HC order that granted bail, SC observed: The High Court recorded a finding that there exist reasonable grounds to believe that the applicant is not guilty of the alleged offence, treating prolonged incarceration and likely delay as the justification for bail. Such a finding is not a casual observation. It is the statutory threshold under Section 37(1)(b)(ii) which would disentitle the discretionary relief and grant of bail must necessarily rest on careful appraisal of the material available. A conclusion of this nature, if returned without addressing the prosecution’s assertions of operative control and antecedent involvement, risks trenching upon appreciation of evidence which would be in the domain of trial court at first instance- Offences involving commercial quantity of narcotic drugs stand on a distinct statutory footing. Section 37 enacts a specific embargo on the grant of bail and obligates the Court to record satisfaction on the twin requirements noticed above, in addition to the ordinary tests under the Code of Criminal Procedure.(Para 17-18)
Case Info
Neutral citation: 2025 INSC 1316.
Coram: Justice Aravind Kumar and Justice N. V. Anjaria.
Judgment date: November 13, 2025.
Caselaws and citations
The judgment text, as provided, does not list or quote prior Supreme Court/High Court precedents by name. It discusses application of the NDPS Act’s Section 37 twin conditions, presumption under Section 35, Article 21 liberty, and bail principles, but no specific case citations appear in the extract.
Statutes / laws referred
- Narcotic Drugs and Psychotropic Substances Act, 1985:
- Section 8(c)
- Section 21(c)
- Section 23(c)
- Section 29
- Section 30
- Section 35 (presumption of culpable mental state)
- Section 37 (twin conditions for bail)
- Code of Criminal Procedure, 1973 (general bail considerations referenced).
- Constitution of India:
- Article 21 (right to personal liberty)
- Article 136 (special leave jurisdiction).
