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Grant of Anticipatory Bail u/s 420 & 406 IPC
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Grant of Anticipatory Bail u/s 420 & 406 IPC
4 years ago
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CRM-M_31552_2022_22_07_2022_INTERIM_ORDER
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Evidence of Discovery, Section 27 Conditions
Narcotic Drugs and Psychotropic Substances Act, 1985 ; Section 37 – At the stage of examining an application for bail in the context of the Section 37 of the Act, the Court is not required to record a finding that the accused person is not guilty. The Court is also not expected to weigh the evidence for arriving at a finding as to whether the accused has committed an offence under the NDPS Act or not. The entire exercise that the Court is expected to undertake at this stage is for the limited purpose of releasing him on bail. Thus, the focus is on the availability of reasonable grounds for believing that the accused is not guilty of the offences that he has been charged with and he is unlikely to commit an offence under the Act while on bail. (Para 15)
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At the stage of framing charges, the trial court is not required to evaluate the merits of the case or decide the guilt or innocence of the accused. It only needs to ascertain whether there is sufficient evidence to proceed with the trial.
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