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Bail application dismissed in a case involving seizure of commercial quantity of contraband item (1.873 kg Methaqualone) under NDPS Act. Court held that alleged planting of drugs is an issue to be decided post-trial. Delay in filing Section 52A application can be contended during trial, but mere delay would not vitiate evidence. Defective notice u/s 50 NDPS Act not relevant as provisions apply only to personal search, not search of baggage. Applicant failed to overcome rigors of Section 37 NDPS Act for grant of bail despite delay in trial and prolonged incarceration, considering the large quantity of contraband seized. Trial court directed to expedite proceedings.
Bail application dismissed in a case involving seizure of commercial quantity of contraband item (1.873 kg Methaqualone) under NDPS Act. Court held that alleged planting of drugs is an issue to be decided post-trial. Delay in filing Section 52A application can be contended during trial, but mere delay would not vitiate evidence. Defective notice u/s 50 NDPS Act not relevant as provisions apply only to personal search, not search of baggage. Applicant failed to overcome rigors of Section 37 NDPS Act for grant of bail despite delay in trial and prolonged incarceration, considering the large quantity of contraband seized. Trial court directed to expedite proceedings.
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