https://www.taxtmi.com/caselaws?id=458341 Substantial compliance with Section 50 of the NDPS Act was accepted where the accused was informed of the right to be searched before a Magistrate or Gazetted Officer and declined to avail it, so the search challenge failed. Delay in drawing samples and proceeding under Section 52A, together with the discrepancy in the sample's colour or identity, created doubt about the integrity of the seized contraband at the bail stage and weighed in the accused's favour. Prolonged custody of about two and a half years, the absence of criminal antecedents, and no realistic prospect of early trial justified bail despite Section 37, as the right to speedy trial under Article 21 was treated as overriding in the circumstances. en-us Tue, 07 May 2024 00:00:00 +0530 Tue, 22 Oct 2024 20:29:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458341 Substantial compliance with Section 50 of the NDPS Act was accepted where the accused was informed of the right to be searched before a Magistrate or Gazetted Officer and declined to avail it, so the search challenge failed. Delay in drawing samples and proceeding under Section 52A, together with the discrepancy in the sample's colour or identity, created doubt about the integrity of the seized contraband at the bail stage and weighed in the accused's favour. Prolonged custody of about two and a half years, the absence of criminal antecedents, and no realistic prospect of early trial justified bail despite Section 37, as the right to speedy trial under Article 21 was treated as overriding in the circumstances. Case-Laws Indian Laws Tue, 07 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458341