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    <title>2005 (8) TMI 742 - Supreme Court</title>
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    <description>Suspension of sentence and bail in an NDPS conviction involving commercial quantity require strict compliance with Section 37, including recorded satisfaction of the statutory conditions. The Court rejected the view that the bar under Section 37 is displaced unless the Public Prosecutor expressly opposes bail, and held that mere notice to or presence of the Public Prosecutor cannot be treated as passive consent. As no satisfaction of the mandatory threshold was shown, the bail orders were unsustainable and were set aside.</description>
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    <pubDate>Mon, 22 Aug 2005 00:00:00 +0530</pubDate>
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      <title>2005 (8) TMI 742 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=303584</link>
      <description>Suspension of sentence and bail in an NDPS conviction involving commercial quantity require strict compliance with Section 37, including recorded satisfaction of the statutory conditions. The Court rejected the view that the bar under Section 37 is displaced unless the Public Prosecutor expressly opposes bail, and held that mere notice to or presence of the Public Prosecutor cannot be treated as passive consent. As no satisfaction of the mandatory threshold was shown, the bail orders were unsustainable and were set aside.</description>
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      <pubDate>Mon, 22 Aug 2005 00:00:00 +0530</pubDate>
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