https://www.taxtmi.com/caselaws?id=458075 Under the NDPS Act, bail can be granted despite Section 37 where the Court, on a prima facie assessment, finds reasonable grounds to believe the accused is not guilty and is unlikely to offend while on bail. The prosecution case, based mainly on a co-accused's disclosure statement and alleged WhatsApp chats, was treated as insufficient because the disclosure lacked corroboration, no recovery was made from the applicant, and the chats did not contemporaneously connect the applicant with the seizure. Delay in invoking the Section 52A sampling procedure also cast doubt on procedural regularity at the bail stage. On that material, bail was directed subject to conditions. en-us Mon, 19 Feb 2024 00:00:00 +0530 Tue, 08 Oct 2024 07:30:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458075 Under the NDPS Act, bail can be granted despite Section 37 where the Court, on a prima facie assessment, finds reasonable grounds to believe the accused is not guilty and is unlikely to offend while on bail. The prosecution case, based mainly on a co-accused's disclosure statement and alleged WhatsApp chats, was treated as insufficient because the disclosure lacked corroboration, no recovery was made from the applicant, and the chats did not contemporaneously connect the applicant with the seizure. Delay in invoking the Section 52A sampling procedure also cast doubt on procedural regularity at the bail stage. On that material, bail was directed subject to conditions. Case-Laws Indian Laws Mon, 19 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458075