NDPS Act--Commercial Quantity--Long Custody--Twin Conditions Under Section 37 Mandatory and Cannot Be Diluted on Ground of Prolonged Custody or Right to Speedy Trial
The twin conditions under Section 37(1)(b)(ii) of the NDPS Act are mandatory for grant of bail in commercial quantity cases, and cannot be diluted on the ground of prolonged incarceration or the right to a speedy trial under Article 21. The constitutional right to a speedy trial and the statutory rigour of Section 37 must be read harmoniously and not placed in opposition. Material non-disclosure of pending cases or earlier rejected bail applications by an accused further disentitles such accused from relief.
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