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The Calcutta High Court recorded submissions that the alleged minor was in fact above 17 years, had married the petitioner, and was living with him as his wife with a child born out of the marriage.
The Courts should exercise restraint in the grant of pre-arrest bail in NDPS cases, however, in the absence of any direct recovery from the applicants and considering that the investigation is already complete, no purpose would be served by subjecting the applicants to incarceration.
Despite a settled legal proposition that the courts dealing with bail applications are not forum for recovery of money, indulgence was repeatedly extended to the accused/applicant, apparently keeping in mind the pitiable condition of the victims of the cheating.