https://www.taxtmi.com/caselaws?id=305105 In NDPS prosecutions involving commercial quantity, prolonged pre-trial incarceration can justify bail despite Section 37 where the accused is not shown to have caused the delay and the trial is unlikely to finish soon. The court treated about eight years of custody as a decisive factor and held that Section 37 is not an absolute bar in such circumstances. It further held that sampling objections to the alleged recovery were not suitable for determination at the bail stage and had to be tested at trial, while statements recorded under Section 67 could not be relied on as substantive evidence for bail purposes. Foreign nationality was also held not to be a standalone ground to refuse bail. en-us Mon, 13 Jun 2022 00:00:00 +0530 Wed, 16 Nov 2022 21:46:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305105 In NDPS prosecutions involving commercial quantity, prolonged pre-trial incarceration can justify bail despite Section 37 where the accused is not shown to have caused the delay and the trial is unlikely to finish soon. The court treated about eight years of custody as a decisive factor and held that Section 37 is not an absolute bar in such circumstances. It further held that sampling objections to the alleged recovery were not suitable for determination at the bail stage and had to be tested at trial, while statements recorded under Section 67 could not be relied on as substantive evidence for bail purposes. Foreign nationality was also held not to be a standalone ground to refuse bail. Case-Laws Indian Laws Mon, 13 Jun 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305105