Advocate in Delhi | 8851250058

Advocate in Rohini court Delhi 8851250058

_*• NDPS ACT Sections 37 and 52A Bail Application Bail application filed by Petitioner who was arrested for allegedly possessing and transporting 26.790 kgs of cannabis in violation of the NDPS Act – Sampling Procedure The court granted bail to the applicant on the ground that the sampling procedure of the seized cannabis was not in compliance with the Standing Orders issued by the Narcotics Control Bureau and the Department of Revenue, which required that the identity and content of each packet be preserved while drawing samples Delay in Trial The court also considered the delay in trial as a factor in favour of the applicant, who had been in custody for more than three and a half years with only two out of 22 witnesses examined partially The court observed that prolonged incarceration without speedy trial would violate’ the fundamental right to liberty under Article 21 of the Constitution of India  Bail Conditions The court directed the applicant to be released on bail on furnishing a personal bond of Rs. 50,000/with one local surety of the like amount, subject to the satisfaction of the trial court and further subject to five conditions, such as not leaving the country, appearing before the trial court, providing mobile numbers, not indulging in any criminal activity, and not communicating with the prosecution witnesses*_

_*GURPREET vs State BA 857/23 05/02/24 [ NAVIN JJ ] [ DELHI HIGH COURT ]*_

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