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HC granted regular bail in a narcotic smuggling case, finding ...


Bail Granted in Narcotics Case: Illegal Custody Violations Expose Critical Procedural Flaws in NDPS Act Enforcement

June 5, 2025

Case Laws     Customs     HC

HC granted regular bail in a narcotic smuggling case, finding procedural violations under NDPS Act. The court determined that the applicant was held in illegal custody from 21.05.2023 to 25.05.2023, violating constitutional rights under Articles 21 and 22. Despite Section 37 NDPS Act restrictions, bail was granted due to significant procedural non-compliance, including delayed reporting, non-production within 24 hours, and absence of prior information documentation. The applicant was directed to furnish a personal bond of Rs. 25,000 with a matching surety, subject to trial court conditions. Bail application was allowed, recognizing fundamental rights and procedural irregularities in the detention process.

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