9911796707
TMI Blog2023 (7) TMI 1459X X X X Extracts X X X X X X X X Extracts X X X X ..... es Act, 1985 - HELD THAT:- The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act. There are merit in the contention of learned counsel for the respondent State that the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hearing the counsel the Court made the following : 1. The petitioner seeks his enlargement on bail in P.S.Case No.91 of 2019, registered at Police Station Semiliguda, District Koraput, out of which T.R.Case No.27 of 2019 is pending in the Court of Addl.Sessions Judge-cum-Special Judge, Koraput, for commission of offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses has been examined. The conclusion of trial will, thus, take some more time. 4. As regard to the twin conditions contained in Section 37 of the NDPS Act, learned counsel for the respondent State has been duly heard. Thus, the 1st condition stands complied with. So far as the 2nd condition re: formation of opinion as to whether there are reasonable grounds to believe that the petitioner is not g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quired to produce two local sureties before the Trial Court. The petitioner shall also appear before the Trial Court on every date of hearing. In case he absents himself, it shall be taken as a misuse of concession of bail granted to him today by this Court. Ordered accordingly. 7. The Special Leave Petition stands disposed of accordingly. 8. As a result, pending interlocutory applications also st ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
