https://www.taxtmi.com/caselaws?id=458340 Commercial-quantity NDPS bail remains subject to Section 37, and alleged defects in sampling under Section 52A do not by themselves justify release unless they prima facie cause serious prejudice or failure of justice. The Delhi HC noted that samples were drawn from the recovered pulandas, no objection was raised at sampling, and the omission to specify the number of bundles in each pulanda did not establish irreparable prejudice. It also held that non-joining of independent witnesses was not fatal where attempts to secure them were made. On that record, reasonable grounds to believe the petitioner was not guilty were absent, so bail was declined. en-us Tue, 23 Apr 2024 00:00:00 +0530 Tue, 22 Oct 2024 20:29:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458340 Commercial-quantity NDPS bail remains subject to Section 37, and alleged defects in sampling under Section 52A do not by themselves justify release unless they prima facie cause serious prejudice or failure of justice. The Delhi HC noted that samples were drawn from the recovered pulandas, no objection was raised at sampling, and the omission to specify the number of bundles in each pulanda did not establish irreparable prejudice. It also held that non-joining of independent witnesses was not fatal where attempts to secure them were made. On that record, reasonable grounds to believe the petitioner was not guilty were absent, so bail was declined. Case-Laws Indian Laws Tue, 23 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458340