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The Court objected to the Madras High Court order granting anticipatory bail to an accused without noting a prima facie satisfaction under Section 37 of the Act.
The Court granted bail to an Afghan national who was arrested after recovery of heroin from a co-accused at the Indira Gandhi International Airport.
Punjab MLA Sukhpal Singh Khaira was arrested in September last year in a drugs case dating back to 2015. He told the High Court that he was arrested only because he had parted ways with the Aam Aadmi Party.
The Court said that even if the bar on granting bail under Section 37 of the NDPS Act doesn't apply, in some cases, bail should not be granted.
The Tripura High Court observed that the normal rule of bail not jail in criminal cases is not applicable to cases registered under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and the UAPA.