https://www.taxtmi.com/caselaws?id=458415 Regular bail under the NDPS Act was granted where no contraband was recovered from the applicant, the seizure was from a co-accused, and the applicant had remained in prolonged custody. The Court treated the sampling process under Section 52A as significant, noting a prima facie lapse because the samples sent for forensic analysis appeared to have been drawn by the complainant before the Magistrate drew samples. It held that Magistrate-drawn sampling is the statutory course and that using non-compliant samples prima facie affects bail consideration. The Court also considered Article 21 and the rigour of Section 37 in light of the absence of recovery and extended incarceration. en-us Wed, 16 Aug 2023 00:00:00 +0530 Fri, 25 Oct 2024 20:09:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458415 Regular bail under the NDPS Act was granted where no contraband was recovered from the applicant, the seizure was from a co-accused, and the applicant had remained in prolonged custody. The Court treated the sampling process under Section 52A as significant, noting a prima facie lapse because the samples sent for forensic analysis appeared to have been drawn by the complainant before the Magistrate drew samples. It held that Magistrate-drawn sampling is the statutory course and that using non-compliant samples prima facie affects bail consideration. The Court also considered Article 21 and the rigour of Section 37 in light of the absence of recovery and extended incarceration. Case-Laws Indian Laws Wed, 16 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458415