Bail -- Non-Supply of Written Grounds of Arrest -- Curable procedural defect absent demonstrable prejudice
(i) Narcotic Drugs and Psychotropic Substances Act, 1985, S.37 -- Bail -- Non-Supply of Written Grounds of Arrest -- Where the investigating agency has substantially complied with the constitutional requirement of communicating grounds of arrest, absence of a separately furnished written document, without demonstrable prejudice to the accused, is at best a curable procedural defect. Non-supply of grounds of arrest cannot by itself justify bail and cannot be treated as a determinative factor while ignoring the gravity of offence and other relevant considerations. (ii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.37 -- Bail -- Balance Between Rights of Accused and Interest of Society -- While deciding bail applications, courts must balance the fundamental rights of the accused with the interests of society and the difficulties faced by the police in preventing further expanse of crime and destruction of evidence. Recovery of commercial quantity of contraband and risk of the accused absconding are relevant factors against grant of bail.
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