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Additional Solicitor General (ASG)

Union of India v. Md. Nawaz Khan

Narcotic Drugs and Psychotropic Substances Act 1985 – Under Section 37(1)(b)(ii), the limitations on the grant of bail for offences punishable under Sections 19, 24 or 27A and also for offences involving a commercial quantity are : (i) The Prosecutor must be given an opportunity to oppose the application for bail; and (ii) There must exist ‘reasonable grounds to believe’ that (a) the person is not guilty of such an offence; and (b) he is not likely to commit any offence while on bail. The standard prescribed for the grant of bail is ‘reasonable ground to believe’ that the person is not guilty of the offence.