https://www.taxtmi.com/caselaws?id=458112 In a commercial-quantity NDPS prosecution, Section 37 applied and bail required reasonable grounds to believe the accused was not guilty and would not reoffend, but the Court found the Section 50 notice defective because it misstated the right to search before the nearest Gazetted Officer or Magistrate. The search before a Gazetted Officer who was part of the raiding team also weakened the statutory safeguard, while alleged Sections 55 and 57 violations were treated as additional prima facie infirmities. At the bail stage, these defects supplied reasonable grounds in favour of release, and regular bail was granted subject to conditions. en-us Tue, 28 Mar 2023 00:00:00 +0530 Tue, 08 Oct 2024 23:26:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458112 In a commercial-quantity NDPS prosecution, Section 37 applied and bail required reasonable grounds to believe the accused was not guilty and would not reoffend, but the Court found the Section 50 notice defective because it misstated the right to search before the nearest Gazetted Officer or Magistrate. The search before a Gazetted Officer who was part of the raiding team also weakened the statutory safeguard, while alleged Sections 55 and 57 violations were treated as additional prima facie infirmities. At the bail stage, these defects supplied reasonable grounds in favour of release, and regular bail was granted subject to conditions. Case-Laws Indian Laws Tue, 28 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458112