NDPS Act, S. 37 – The scheme of Section 37 reveals that the exercise of power to grant bail is not only subject to the limitations contained under Section 439 of the CrPC, but is also subject to the limitation placed by Section 37 which commences with non-obstante clause – The operative part of the said section is in the negative form prescribing the enlargement of bail to any person accused of commission of an offence under the Act, unless twin conditions are satisfied – The first condition is that the prosecution must be given an opportunity to oppose the application; and the second, is that the Court must be satisfied that there are reasonable grounds for believing that he is not guilty of such offence. If either of these two conditions is not satisfied, the ban for granting bail operates – CrPC. S. 439.
read HERE , 2020 PLRonline 5011
read HERE State Of Kerala v. Rajesh, 2020 PLRonline 5011 , AIR 2020 SC 721 , (2020) 12 SCC 122
