Code of Criminal Procedure, 1973–Sec. 439 [Corresponding Sec. 483 of BNSS, 2023]–Narcotic Drugs & Psychotropic Substances Act, 1985–Secs. 8/25 & 29–Bail application–Recovery of 2793.480 kg. poppy husk–Petitioner is behind the bars for last four years–Only six witnesses have been examined out of the 17 projected witnesses–Petitioner has the arguable case in respect of non-compliance of the mandatory provisions and flouting of the Standing Order–When there appears conflict between the statutory provisions and the fundamental right, then a protection of fundamental right should be given preference over the statutory bar in granting the bail–Bail granted subject to certain conditions.
