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1 - 10 of 15 (0.47 seconds)Section 52A in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 8 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 15 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 1 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Code of Criminal Procedure, 1973
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Mohd Muslim @ Hussain vs State (Nct Of Delhi) on 28 March, 2023
In the case of Mohd. Muslim @ Hussain (Supra)
it has been propounded that at the stage of hearing a bail
application under Section 439 Cr.P.C., although it is not possible
to make a definite opinion that they are not guilty of the alleged
crime but for the limited purpose for the justifiable disposal of the
bail application, a tentative opinion can be formed that the
material brought on record is not sufficient enough to attract the
embargo contained under Section 37 of the NDPS Act. Though
specific arguments have not been conveyed but looking to the
fact that the accused is in custody, this court feels that the
accused are not supposed to establish a case in support of their
innocence rather their detention is required to be justified at the
instance of the prosecution, therefore, this court went deep into
the facts of the case and the manner in which the entire
proceedings have been undertaken. If other surrounding factors
align in consonance with the statutory stipulations, the personal
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liberty of an individual can not encroached upon by keeping him
behind the bars for an indefinite period of time pending trial.
Thus, in the peculiar circumstances of this case, I am of this view
that the embargo contained under Section 37 of the NDPS Act
would not come into the way of granting bail.