Section 37
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From Safeguard To Straitjacket: Bail Jurisprudence Under India’s NDPS Regime
ABSTRACT This article explains the law of bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 in clear and accessible terms while critically examining how it operates in practice. It outlines the basic idea of bail as a mechanism that allows an accused person to remain at liberty during investigation and trial and contrasts…
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Bail as Exception: The Parallel Legal Order Created by Special Criminal Law
The bail jurisprudence in India is based on the premise that bail is the rule, jail is the exception as observed in the case of Gudikanti Narasimhulu v. Public Prosecutor[i]. This principle originates from Article 21 which stipulates that any restraint on liberty of the individual must be balanced on just, fair and reasonable procedure…