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    <title>2018 (1) TMI 124 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>Bail was granted in an NDPS matter where the recovered material, on the FSL report, was found to be below commercial quantity and the codeine phosphate component was below small quantity, so the rigour of Section 37 was not attracted. The Court noted that the articles had been purchased against a retail invoice on the strength of a licence, with no conclusive material at that stage to show illicit trade. It also considered the length of custody, filing of challan, and bail to a co-accused, applying the principle that bail secures the accused&#039;s presence and pre-trial detention should not become punitive.</description>
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      <link>https://www.taxtmi.com/caselaws?id=353388</link>
      <description>Bail was granted in an NDPS matter where the recovered material, on the FSL report, was found to be below commercial quantity and the codeine phosphate component was below small quantity, so the rigour of Section 37 was not attracted. The Court noted that the articles had been purchased against a retail invoice on the strength of a licence, with no conclusive material at that stage to show illicit trade. It also considered the length of custody, filing of challan, and bail to a co-accused, applying the principle that bail secures the accused&#039;s presence and pre-trial detention should not become punitive.</description>
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