37(1)(b)(i) and (ii) N.D.P.S. Act

37(1)(b)(i) and (ii) N.D.P.S. Act   In this case, Hon’ble High Court held that before granting bail for the offence under N.D.P.S. Act, twin conditions as provided under section 37(1)(b)(i) and (ii) have to be satisfied, which is in addition to section 439 of Cr.P.C. and mandatory in nature.    Further the Hon’ble Court observed that such bail orders of the Co-ordinate Benches, which have been passed without giving reason on merit and without taking note of limitations provided under section 37 of the N.D.P.S. Act in cases of a recovery of contraband of commercial quantity have no persuasive value and the same is not binding upon this Court. A Judge is not bound to grant bail to an accused. If any illegality is brought to the knowledge of the Court, the same should not be permitted to perpetuate. It is also well settled that no Judge is obliged to pass orders against his conscience merely to maintain consistency. 

Case Law:

Dheeraj Kumar Shukla v. State of U.P., 

Citation:

2022 (12) ACC 430 (Alld. HC)