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1 - 10 of 11 (0.24 seconds)The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 67 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Customs, New Delhi vs Ahmadalieva Nodira on 11 March, 2004
11. The expression "reasonable grounds" means something more than prima
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facie grounds. It contemplates substantial probable causes for believing that the
accused is not guilty of the alleged offence. The reasonable belief contemplated
in the provision requires existence of such facts and circumstances as are
sufficient in themselves to justify satisfaction that the accused is not guilty of
the alleged offence [Collector of Customs, New Delhi vs. Ahmadalieva Nodira],
[(2004) 3 SCC 579 and State of Kerala etc. vs. Rajesh etc., AIR 2020 SC 721].
The Court while considering the application for bail with reference to Section 37
of the NDPS Act is not called upon to record a finding of not guilty. It is for the
limited purpose essentially confined to the question of releasing the accused on
bail that the court is called upon to see if there are reasonable grounds for
believing that the accused is not guilty and to record its satisfaction about the
existence of such grounds. Thus, recording of satisfaction on both the aspects,
noted above, is sine qua non for granting of bail under the NDPS Act in respect
of an accused of an offence involving commercial quantity.