Prolonged pre-trial incarceration
Case BriefsHigh Courts

The Court released the petitioner-accused on bail, observing that the case substantially rested upon the statutory presumption under Section 35, Narcotic Drugs and Psychotropic Substances, Act, 1985 (NDPS Act) and such presumption is rebuttable. The Court specified that, in cases involving commercial quantity under the NDPS Act, the twin test contained in Section 37 remains mandatory.