LexUNION OF INDIA THR. I.O. NARCOTICS CONTROL BUREAU versus MAN SINGH VERMA
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[2025] 2 S.C.R. 1534 : 2025 INSC 292 Union of India Thr. I.O. Narcotics Control Bureau v. Man Singh Verma (Criminal Appeal No. 77 of 2025) 28 February 2025 [Sanjay Karol* and Manmohan, JJ.] Issue for Consideration Issue arose whether the contours of s.439 CrPC permit the grant of compensation by the High Court to the appellant for alleged wrongful confinement for four months in a matter of possession of narcotic substances. Headnotes† Code of Criminal Procedure, 1973 – s.439 – Special powers of High Court or Court of Session regarding bail – Scope of – Adjudication of bail application – High Court directed the Director of Narcotics Control Bureau to pay ₹5 lakh as compensation to the appellant for alleged wrongful confinement for four months in a matter of possession of narcotic substances – Correctness: Held: Grant of compensation to the tune of Rs.5,00,000/- was without the authority of law – Jurisdiction conferred upon a Court u/s.439 is limited to grant or refusal of bail pending trial – Application for bail filed before the High Court had become infructuous since the District Court had already released the respondent – Straightforward course of action that ought to have been adopted, was that the bail application would have been dismissed as such – No occasion arose for the Court to pass an order delving into the aspects of impermissibility of retesting and/or wrongful confinement – Not only was the same outside the bounds, but it is erroneous on a further count that since the application was infructuous, the exercise of jurisdiction was entirely unjustified and contrary to law – Undue restriction of liberty, without the backing of procedures established by law is unquestionably an affront to a person’s rights but the avenues to seek recourse of law in connection therewith are limited to remedies as per law, however, none was availed in the instant facts – Thus, order of the High Court, to the extent of granting compensation, is set aside. [Paras 6, 7, 9, 10] * Author [2025] 2 S.C.R. 1535 Union of India Thr. I.O. Narcotics Control Bureau v. Man Singh Verma Case Law Cited Kalyan Chandra Sarkar v. Rajesh Ranjan (2004) 7 SCC 528; Thana Singh v. Central Bureau of Narcotics [2013] 2 SCR 899 : (2013) 2 SCC 590; Rudal Sah v. State of Bihar [1983] 3 SCR 508 : (1983) 4 SCC 141; Nilabati Behera v. State of Orissa [1993] 2 SCR 581 : (1993) 2 SCC 746; D.K. Basu v. State of West Bengal [1996] Supp. 10 SCR 284 : (1997) 1 SCC 416; RBI v. Cooperative Bank Deposit A/C HR. Sha [2010] 9 SCR 1107 : (2010) 15 SCC 85; Sangitaben Shaileshbhai Datanta v. State of Gujarat (2019) 14 SCC 522; State v. M. Murugesan [2020] 2 SCR 553: (2020) 15 SCC 251 – referred to. List of Acts Code of Criminal Procedure, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985. List of Keywords Wrongful confinement for four months; Possession of narcotic substances; Bail; Adjudication of bail application; Payment of compensation for wrongful confinement; Grant or refusal of bail pending trial; Wrongful confinement; Undue restriction of liberty. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 77 of 2025 From the Judgment and Order dated 22.05.2024 of the High Court of Judicature at Allahabad, Lucknow Bench in CRMBA No. 2812 of 2023 Appearances for Parties Pijush K. Roy, Sr. Adv./Amicus Curiae. Advs. for the Appellant: Satya Darshi Sanjay, A.S.G., Rajat Nair, Ms. Swati Ghildiyal, Ms. Priyanka Terdal, Santosh Kumar, Digvijay Dam, Arvind Kumar Sharma. Adv. for the Respondent: Ms. Kakali Roy. 1536 [2025] 2 S.C.R. Supreme Court Reports Judgment / Order of the Supreme Court Judgment Sanjay Karol J. 1. The present appeal arises from the impugned order dated 22nd May, 2024 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Crl. Misc. Bail Application No.2812 of 2023, wherein the High Court directed the Director of Narcotics Control Bureau1, New Delhi, to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs) as compensation to the respondent for the alleged wrongful confinement. Aggrieved by the said direction, the Union of India through NCB has preferred the present appeal. 2. The brief facts leading to the present appeal are as under :- 2.1. In a joint operation, the NCB seized 1280 grams of brown powder (allegedly heroin) from the possession of Man Singh Verma (respondent herein) and one Aman Singh. Accordingly, Criminal Case No.02/2023 was registered against th
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