Compensation for Alleged Wrongful Detention — Scope of High Court’s Jurisdiction Under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) — Protection of Officers Under Section 69 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Remedies for Violation of Fundamental Rights Under Article 32 of the Constitution of India, 1950 (COI)

Supreme Court Held That High Court Had No Jurisdiction Under Section 439 CrPC to Award Compensation in a Bail Application — Set Aside High Court’s Order of Rs.5,00,000/- Compensation — Clarified That Respondent Could Seek Remedy for Fundamental Rights Violation Through Appropriate Legal Avenues

Jurisdiction Under Section 439 CrPC Limited to Grant or Refusal of Bail — High Court Cannot Adjudicate Compensation in Bail Proceedings — Remedies for Violation of Fundamental Rights Available Under Article 32 COI

 (Paras 4 to Para 10)

Acts and Sections Discussed:

1. Constitution of India, 1950 — Article 32 — Remedy for Violation of Fundamental Rights

2. Code of Criminal Procedure, 1973 (CrPC) — Section 439 — Special Powers of High Court Regarding Bail

3. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(C), 21, 29 — Provisions on Possession and Conspiracy Related to Narcotic Substances — Section 69 — Protection of Officers Acting in Good Faith

Subjects:

Jurisdiction of High Court — Bail Application — Wrongful Confinement — Compensation Award — Judicial Overreach — Re-testing of Samples — Fundamental Rights Violation — Malafide Intention — Scope of Section 439 CrPC

Nature of Litigation: Criminal Appeal Arising from High Court’s Order of Compensation in a Bail Application

Relief Sought by Appellant: Union of India (Narcotics Control Bureau) Sought Setting Aside of Compensation Awarded by High Court

Reason for Filing the Case: Alleged Wrongful Confinement of Respondent Despite Negative Laboratory Reports for Narcotic Substances — High Court’s Award of Rs.5,00,000/- Compensation

Previous Decisions: High Court of Judicature at Allahabad Directed Payment of Compensation for Alleged Wrongful Confinement — Special Judge, NDPS, Barabanki District Rejected Bail Application — Respondent Released After Filing of Closure Report

Issues:

a) Whether the High Court Exceeded Its Jurisdiction Under Section 439 CrPC by Awarding Compensation b) Whether Re-testing of the Second Sample Was Permissible Under NDPS Act and Judicial Guidelines c) Whether the Actions of NCB Officers Were Protected Under Section 69 NDPS Act

d) Whether the High Court’s Order Amounted to Judicial Overreach

Submissions/Arguments:

Appellant: a) High Court Overstepped Its Jurisdiction Under Section 439 CrPC by Awarding Compensation b) Officers Acted in Good Faith Based on Credible Intelligence and Initial Test Results c) Respondent’s Bail Application Had Become Infructuous Following His Release

Amicus Curiae: a) Re-testing of Second Sample Was Impermissible Under NDPS Act and Judicial Precedents b) High Court Was Empowered to Award Compensation for Fundamental Rights Violation c) Protection Under Section 69 NDPS Act Not Absolute in Cases of Malafide Intent