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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether regular bail should be granted in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985, having regard to the alleged recovery of commercial quantity, the operation of the statutory restrictions on bail, the length of custody, and the slow progress of the trial.
Analysis: The alleged recovery was 21.508 kg of ganja, which is only marginally above the commercial quantity threshold. The applicant had remained in custody for nearly three years, while only 3 out of 18 prosecution witnesses had been examined, indicating substantial delay in the trial. The Court found that, at this stage, the material did not disclose a credible basis to deny bail on the ground of likely repetition of the offence, as there was no prior criminal antecedent. The apprehension of tampering with evidence was also found to be weak because the contraband had already been seized and was in the custody of the prosecution. The risk of influencing witnesses was similarly found unpersuasive in the absence of material showing any attempt by the applicant to do so.
Conclusion: Regular bail was granted to the applicant.
Ratio Decidendi: In an NDPS case, where the alleged recovery is only marginally above commercial quantity and the accused has undergone prolonged pre-trial incarceration with very slow trial progress, bail may be granted if the Court finds no credible basis to apprehend repetition of offence, tampering with evidence, or influencing witnesses.
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