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    <title>2024 (10) TMI 467 - DELHI HIGH COURT</title>
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    <description>Section 50 of the NDPS Act was treated as inapplicable because the search related to baggage, not the person, and any alleged defect in the notice was regarded as a trial issue rather than a bail-ground. The Court also noted that Section 52-A prescribes no fixed time limit for sampling, and a minor weight discrepancy was insufficient at the bail stage absent shown prejudice or failure of justice. Because the recovery involved 9.950 kg of heroin, attracting commercial quantity, the statutory bar under Section 37 applied and bail could be granted only on satisfaction of the twin conditions of non-guilt and non-reoffending. Those conditions were not met, and bail was refused.</description>
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      <link>https://www.taxtmi.com/caselaws?id=759868</link>
      <description>Section 50 of the NDPS Act was treated as inapplicable because the search related to baggage, not the person, and any alleged defect in the notice was regarded as a trial issue rather than a bail-ground. The Court also noted that Section 52-A prescribes no fixed time limit for sampling, and a minor weight discrepancy was insufficient at the bail stage absent shown prejudice or failure of justice. Because the recovery involved 9.950 kg of heroin, attracting commercial quantity, the statutory bar under Section 37 applied and bail could be granted only on satisfaction of the twin conditions of non-guilt and non-reoffending. Those conditions were not met, and bail was refused.</description>
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