https://www.taxtmi.com/caselaws?id=458360 Prima facie non-compliance with the prescribed sampling procedure under the NDPS Act, including mixing multiple packets into a composite whole before sampling and delay in drawing samples under Section 52A, was treated as creating serious doubt at the bail stage and supplying reasonable grounds to believe the accused may not be guilty for Section 37 purposes. Prolonged pre-trial incarceration of more than three and a half years, with only a small part of prosecution evidence recorded and no delay attributable to the accused, was held to engage Article 21 and justify release despite the statutory embargo. Bail was therefore allowed with conditions. en-us Mon, 05 Feb 2024 00:00:00 +0530 Wed, 23 Oct 2024 19:36:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458360 Prima facie non-compliance with the prescribed sampling procedure under the NDPS Act, including mixing multiple packets into a composite whole before sampling and delay in drawing samples under Section 52A, was treated as creating serious doubt at the bail stage and supplying reasonable grounds to believe the accused may not be guilty for Section 37 purposes. Prolonged pre-trial incarceration of more than three and a half years, with only a small part of prosecution evidence recorded and no delay attributable to the accused, was held to engage Article 21 and justify release despite the statutory embargo. Bail was therefore allowed with conditions. Case-Laws Indian Laws Mon, 05 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458360