https://www.taxtmi.com/caselaws?id=458391 In an NDPS bail matter, defective notice under Section 50 and the absence of an independent gazetted officer were not treated as decisive at the bail stage. The material defect was that samples drawn by the Magistrate under the Section 52-A inventory and sampling procedure were not sent for chemical analysis, while the prosecution relied only on spot samples. That non-compliance materially weakened the evidentiary basis for trial, so the issue could not be deferred until trial. Bail was granted, and the Section 37 bar was treated as not preventing release for that purpose. en-us Sun, 16 Jul 2023 00:00:00 +0530 Thu, 24 Oct 2024 19:42:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458391 In an NDPS bail matter, defective notice under Section 50 and the absence of an independent gazetted officer were not treated as decisive at the bail stage. The material defect was that samples drawn by the Magistrate under the Section 52-A inventory and sampling procedure were not sent for chemical analysis, while the prosecution relied only on spot samples. That non-compliance materially weakened the evidentiary basis for trial, so the issue could not be deferred until trial. Bail was granted, and the Section 37 bar was treated as not preventing release for that purpose. Case-Laws Indian Laws Sun, 16 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458391