NDPS Act, 1986; Section 37- While considering the application for bail made by an accused involved in an offence under NDPS Act a liberal approach ignoring the mandate under Section 37 of the NDPS Act is impermissible. Recording a finding mandated under Section 37 of the NDPS Act, which is sine qua non for granting bail to an accused under the NDPS Act cannot be avoided while passing orders on such applications – When the twin conditions under Section 37 of the NDPS Act, are not satisfied, the sole reason that the accused is a HIV patient cannot be a reason to enlarge her on bail. (Para 8-10)
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