Case Note & Summary
The appellant, prosecuted under various sections of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), was granted bail with conditions deemed onerous. The Supreme Court is reviewing these conditions, specifically the requirement for a certificate from the Nigerian High Commission and the necessity of dropping a PIN on Google Maps to track the appellant's location. The court is considering whether these conditions are legally justified and in line with constitutional rights, particularly the right to privacy under Article 21. The court emphasizes that bail conditions must be reasonable and not violate fundamental rights.
Introduction
Leave granted for the appeal. Appellant prosecuted under NDPS Act, granted bail with conditions on 31st May 2022.Appellant's Grievances
Conditions imposed on bail: Certificate from the Nigerian High Commission and dropping a PIN on Google Maps. Issues to be reviewed by the Supreme Court.Legal Context and Bail Conditions
Discussion on Section 439 and 437(3) of the CrPC. Special provisions under Section 37 of the NDPS Act. Analysis of the scope of "interest of justice" in imposing bail conditions.Conditions of Bail and Constitutional Rights
Bail conditions must not be arbitrary, fanciful, or violate constitutional rights. Right to life and privacy under Article 21 must be respected.Condition of Dropping a PIN on Google Map
Explanation of Google Maps PIN feature. Technical analysis and redundancy of the condition. Violation of privacy rights by constant monitoring.Condition of Furnishing Certificate of The Embassy
Reference to Supreme Court Legal Aid Committee case. Original intent as a one-time direction for pending cases. Not necessary for every bail case involving foreign nationals. Court's power to dispense with the condition if the Embassy/High Commission does not issue the certificate within a reasonable time.Conclusion
Deletion of the condition to drop a PIN on Google Maps. Clarification on the conditional requirement of the Embassy/High Commission certificate. Emphasis on reasonable bail conditions that do not violate fundamental rights.
Issue of Consideration: Frank Vitus Versus Narcotics Control Bureau & Ors.
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