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Supreme Court of India 2020-01-24 allowed

STATE OF KERALA ETC vs RAJESH ETC

Bench: 2 — Indu Malhotra, Ajay Rastogi

In Brief

The Supreme Court allowed the State's appeal challenging the High Court's grant of post-arrest bail to accused persons in narcotic drug cases. The Court held that Section 37(1)(b)(ii) of the NDPS Act imposes strict, mandatory conditions for granting bail: courts must be satisfied on the record that there are 'reasonable grounds' (meaning substantial probable causes, not mere prima facie grounds) for believing the accused is not guilty and unlikely to commit further offences. A liberal approach to bail in drug cases is impermissible. The fact that other accused in the same crime received bail does not absolve an individual from these rigorous statutory requirements. The bail was cancelled and the accused remanded to custody for trial."

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Criminal Procedure Narcotic Drugs and Psychotropic Substances Bail Drug Trafficking Judicial Discretion

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