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Narcotics Control Bureau vs Mohit Agarwal on 19 July, 2022

11. At this stage, it is also important to note that Section 37 of the NDPS Act imposes stringent conditions for the grant of bail in offences involving commercial quantity of narcotic substances. The twin conditions mandate that before granting bail, the Court must be satisfied that (i) there are reasonable grounds for believing that the accused is not guilty of the offence, and (ii) that he is not likely to commit any offence while on bail. The Hon‟ble Supreme Court has repeatedly held, inter alia in Narcotics Control Bureau v. Mohit Aggarwal: 2022 SCC Online SC 891, Union of India v. Prateek Shukla: (2021) 5 SCC 430 and State v. Lokesh Chadha: (2021) 5 SCC 724, that these conditions are mandatory and must be satisfied BAIL APPLN. 1924/2025 Page 8 of 9 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:10.11.2025 19:57:53 before bail can be granted under the NDPS Act. In the present case, given the nature of the evidence, the financial and digital trail connecting the applicant with co-accused persons, and his previous involvement in a similar case, this Court is unable to record a finding that the applicant is not prima facie guilty of the alleged offence or that he will not commit similar activities/offences if released on bail.
Supreme Court of India Cites 14 - Cited by 369 - H Kohli - Full Document
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