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[33] It must be stated here that the consideration for grant of bail as contained under Section 37 would be at the stage of investigation i.e., at a stage where the trial is yet to commence. The moment the trial commences, the mandate of Section 436A would kick in by virtue of S.36-C of the NDPS Act and more importantly the overarching principle of the right to a speedy trial under Article 21A of the Constitution would stand attracted.

[34] The Supreme Court in case of Mohd. Muslim alias Hussain versus State (NCT of Delhi) reported in (2023) 18 SCC 166, on consideration of Section 37 of the NDPS Act and also Section 436-A of the Cr.P.C, in relation to an offence under the NDPS Act, has held as follows:-

"16. In the most recent decision, Satender Kumar Antil v. Central Bureau of Investigation16 prolonged incarceration and inordinate delay engaged the attention of the court, which considered the correct approach towards bail, with respect to several enactments, including Section 37 NDPS Act. The court expressed the opinion that Section 436A (which requires inter alia the accused to be enlarged on bail if the trial is not concluded within specified periods) of the Criminal Procedure Code, 1973 would apply:

[39] Keeping these provisions in mind, and also the statutory mandate of Section 436A of the Cr.P.C., the incarceration of the petitioner, in the present case, will have to be considered.

2 The trial under the NIA Act of any offence by a Special Court shall be held on a day-to- day basis on all working days, and it also goes on to emphasize that the cases tried by the Special Court would have precedence over the trial of any other case against the accused, and shall be concluded in preference to the trial of such other cases and, if necessary, the trial of other cases are to be kept in abeyance.