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Basically bail can only be granted to a party when the Public prosecutor has not opposed the bail and here in the present scenario the majority of the accused of the act being out on bail whether should be considered that the Public Prosecutor is easily granting bail or is the court passing the orders without following principles of law or are the innocent parties being falsely accused under this act.
The Tripura HC has asked the government an explanation as 435 members among 660 persons who were arrested under the NDPS act is roaming out with a bail. This situation is termed as a “shocking state of affairs”
The Director General of Police was directed by the court that all the NDPS cases which were registered in the year 2018 are to be presented before the court. Court added that two weeks will be granted and specific information has to be submitted with all the details and individually indicating the number of cases; list of persons arrested in connection; when they got arrested; when the bail was granted and reasons for grant of bail.
The Registrar General was directed to intimate all the judicial officers who are dealing with NDPS cases to state all about the Sudhir sarkar Vs. The State of Tripura case where the following directives were issued:
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