In Brief
The Supreme Court allowed the NCB's appeal against a High Court order granting bail to an accused in a narcotics smuggling case. The High Court had granted bail solely on the ground that Section 52A of the NDPS Act (concerning disposal of seized drugs) had not been complied with in reasonable time. The Court held that such non-compliance is merely a procedural irregularity, not grounds for bail or acquittal. It reaffirmed that bail in NDPS cases requires mandatory findings under Section 37(1)(b), and that procedural lapses do not render evidence inadmissible without proof of serious prejudice. The Court remanded the case for the High Court to reconsider the bail application afresh on merits.
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