https://www.taxtmi.com/caselaws?id=458393 In NDPS cases involving commercial quantity, bail remains subject to Section 37's twin conditions, but prolonged incarceration and inordinate trial delay may still justify release where Article 21 concerns arise. Sampling objections were treated as matters for trial-level scrutiny, with no prima facie prejudice shown at the bail stage. The absence of independent witnesses at a crowded recovery spot, and the lack of shown notice under Section 100(8) CrPC, were also relevant to bail consideration. On the combined facts, the Court granted bail, finding that continued custody had become unduly prolonged and that the accused was not likely to commit an offence while on bail. en-us Mon, 08 Jul 2024 00:00:00 +0530 Thu, 24 Oct 2024 19:42:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458393 In NDPS cases involving commercial quantity, bail remains subject to Section 37's twin conditions, but prolonged incarceration and inordinate trial delay may still justify release where Article 21 concerns arise. Sampling objections were treated as matters for trial-level scrutiny, with no prima facie prejudice shown at the bail stage. The absence of independent witnesses at a crowded recovery spot, and the lack of shown notice under Section 100(8) CrPC, were also relevant to bail consideration. On the combined facts, the Court granted bail, finding that continued custody had become unduly prolonged and that the accused was not likely to commit an offence while on bail. Case-Laws Indian Laws Mon, 08 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458393