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1 - 10 of 16 (0.26 seconds)The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 50 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 52A in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 436 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 437 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Mohd Muslim @ Hussain vs State (Nct Of Delhi) on 28 March, 2023
In several judgments and orders of the Supreme Court, including
Mohd. Muslim v. State (NCT of Delhi)2, the period of incarceration has
been considered a relevant factor for the grant of bail, even in cases
falling under Section 37 of the NDPS Act. The Supreme Court has
explained the test for satisfaction of Section 37(1)(b)(ii), in the following
terms:
Union Of India vs Rattan Mallik @ Habul on 23 January, 2009
22. The standard to be considered therefore, is one, where the court
would look at the material in a broad manner, and reasonably see
whether the accused's guilt may be proved. The judgments of this
Court have, therefore, emphasised that the satisfaction which courts
are expected to record i.e. that the accused may not be guilty, is only
prima facie, based on a reasonable reading, which does not call for
meticulous examination of the materials collected during
investigation (as held in Union of India v. Rattan Mallik, (2009) 2 SCC
Satender Kumar Antil vs Central Bureau Of Investigation on 11 July, 2022
624). Grant of bail on ground of undue delay in trial, cannot be said
to be fettered by Section 37 of the Act, given the imperative of Section
436-A which is applicable to offences under the NDPS Act too (ref.
Satender Kumar Antil v. CBI, (2022) 10 SCC 51). Having regard to
these factors the Court is of the opinion that in the facts of this case,
the appellant deserves to be enlarged on bail."3