NARCOTICS CONTROL BUREAU Vs. KASHIF

JUDGEMENT

(1.) Leave granted.

(2.) The instant Appeal arises out of the impugned Order dtd. 18/5/2023 passed by the High Court of Delhi at New Delhi in Bail Application No. 253 of 2023, granting bail to the respondent. It assumes importance as the said Bail Application has been allowed by the High Court solely on the ground of belated compliance of Sec. 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'), misinterpreting the said provision, and without recording the findings as mandated in Sec. 37 of the said Act. Since the impugned order involving seminal issue on the interpretation of Sec. 52A of the said Act is likely to have wide repercussions, we deem it proper to delve into the same in little greater depth.

(3.) PREFATORY FACTS: