Bail applications under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) are subject to specific statutory requirements, particularly under Section 37. The Supreme Court has established important precedents regarding the conditions under which bail may be granted, especially in cases involving commercial quantities of narcotic substances.
Section 37(1)(b) imposes restrictions on granting bail, requiring the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty and that they are not likely to commit further offences if released.
Judicial Findings:
Conversely, in cases where the statutory requirements under Section 37(1)(b) were not met, bail applications were rejected. The principle of parity (comparing with co-accused who were granted bail) cannot override the mandatory provisions of the NDPS Act Avinash Mandal VS State Of Chhattisgarh - ChhattisgarhPrashant Mandal VS State Of Chhattisgarh - Chhattisgarh.
Conditions for Granting Bail:
The decision to grant bail under Section 20(b)(ii)(C) of the NDPS Act hinges on the careful consideration of statutory requirements, the quantity of the narcotic involved, and the progress of the investigation. Courts have shown a willingness to grant bail in cases where procedural lapses are evident or where the quantity does not meet the threshold for commercial classification. Legal practitioners should prepare to substantiate bail applications with clear evidence of compliance with statutory provisions and the specifics of the case at hand.
References: Santosh Yadav VS State of Andhra Pradesh - Andhra PradeshAvinash Mandal VS State Of Chhattisgarh - ChhattisgarhPrashant Mandal VS State Of Chhattisgarh - ChhattisgarhANIL KUMAR DASH VS STATE OF ORISSA - OrissaKhalek Miah VS Sankar Debnath - Tripura]
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