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Issues involved: Bail granted to accused under Narcotic Drugs and Psychotropic Substances Act challenged by Superintendent of Narcotic Control Bureau.
Summary: The respondent and his wife are facing prosecution for various offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Indian Penal Code. The respondent, a Customs Superintendent, was granted bail by the High Court of Madras, which was challenged by the Superintendent of Narcotic Control Bureau. The High Court judge considered violations of Section 52 and non-compliance with Section 57 of the Act as grounds for granting bail. The Supreme Court highlighted that parameters for bail applications under the Narcotic Drugs and Psychotropic Substances Act were established in a previous case. The Court found that the High Court judge did not adhere to these parameters and pre-judged matters related to compliance with specific sections of the Act. The Court emphasized that bail cannot be granted unless there are reasonable grounds to believe the accused is not guilty and will not commit further offences. The Court noted that the High Court judge failed to record a finding as required by Section 37 of the Act, which is essential for granting bail in such cases. The appeal was allowed, and the impugned bail order was set aside, resulting in the respondent being returned to jail. The Court also addressed concerns raised about the welfare of the respondent's children and the conduct of the trial, ensuring that the respondent's wife retains the right to seek legal remedies available to her. In conclusion, the appeal was disposed of, emphasizing the importance of following legal parameters and requirements when considering bail applications under the Narcotic Drugs and Psychotropic Substances Act.
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