https://www.taxtmi.com/caselaws?id=458342 In NDPS bail matters involving commercial quantity, alleged delay in moving a Section 52A application and sampling irregularities are ordinarily matters for trial, unless they make recovery inherently doubtful at the bail stage. Absence of independent witnesses and audio-visual recording may weaken the prosecution version where recovery is said to have occurred in a public place and persons were not properly asked to join the search. The Delhi HC further reiterated that prolonged custody and substantial trial delay can justify bail despite Section 37, because Article 21 concerns may prevail where continued incarceration becomes unjustified. On the facts stated, the Court granted bail subject to conditions. en-us Mon, 08 Jul 2024 00:00:00 +0530 Tue, 22 Oct 2024 20:29:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458342 In NDPS bail matters involving commercial quantity, alleged delay in moving a Section 52A application and sampling irregularities are ordinarily matters for trial, unless they make recovery inherently doubtful at the bail stage. Absence of independent witnesses and audio-visual recording may weaken the prosecution version where recovery is said to have occurred in a public place and persons were not properly asked to join the search. The Delhi HC further reiterated that prolonged custody and substantial trial delay can justify bail despite Section 37, because Article 21 concerns may prevail where continued incarceration becomes unjustified. On the facts stated, the Court granted bail subject to conditions. Case-Laws Indian Laws Mon, 08 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458342