Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 483 [Corresponding Sec. 439 of Cr.P.C., 1973]–Narcotic Drugs & Psychotropic Substances Act, 1985–Secs. 8/15 & 29–Bail application–Earlier, the prayer for bail was declined primarily in view of the gravity of the allegations and the statutory embargo contained u/s. 37–However, the subsequent developments on record reveals that the trial has not progressed beyond on incipient stage and is still at its infancy–It has been emerged on record that the Magistrate certified samples were not forwarded to FSL–Such a course of action runs directly contrary to the mandate of Rules 8, 9 & 13 of Rules of the 2022–Information u/s. 42 was not reduced by witness M–Other infirmities are also alleged in the prosecution case–These infirmities demonstrate a prima facie non-compliance with the mandatory Rules–Petitioner deserves to be extended the benefit of bail.
