FRANK VITUS V. NARCOTICS CONTROL BUREAU AND ORS., SLP(CRL) NO. 6339-6340/2023

FRANK VITUS V. NARCOTICS CONTROL BUREAU AND ORS., SLP(CRL) NO. 6339-6340/2023

FACTS-In this case, as a condition for bail, the High Court in 2022 ordered the accused man and a co-accused to place a pin on Google Maps to ensure that their whereabouts were visible to the case's Investigation Officer.

ISSUE-whether sharing of Google PIN with the Investigating Officer as part of bail conditions violates a person's right to privacy.

OBSERVATION-TThe Supreme Court heard an appeal against certain conditions set by the Delhi High Court in its judgment granted an interim bail to Frank Vitus, a Nigerian national accused in a drugs case. As a condition for bail, the High Court in 2022 ordered the accused man and a co-accused to place a pin on Google Maps to ensure that their whereabouts were visible to the case's Investigation Officer.The court clarified that the notice issued to Google LLC was for the limited purpose of getting to know the working of the Google PIN.

Justice Oka said “It cannot be a bail condition. We agree that there are two instances where this Court has done it, but it cannot be a condition for bail” and this as a bail condition is hit by Article 21, and Google affidavit is superfluous.”