In Brief
In this criminal appeal, the Union of India challenged a High Court order releasing two accused persons on bail in an NDPS case involving commercial quantities of narcotic drugs. The Supreme Court held that the High Court failed to consider the mandatory statutory conditions under Section 37 of the NDPS Act, 1985, which require courts to be satisfied that the accused are not guilty and unlikely to reoffend before granting bail. The Court set aside the impugned order and remitted it to the High Court for reconsideration, directing the High Court to pass a fresh order within six months while granting interim bail to the first respondent pending disposal.
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