#no recovery

Rajasthan High Court rules that absence of contraband recovery from an accused, coupled with mere association without individualized evidence, cannot sustain custody under the NDPS Act. The judgment underscores the need for charge sheet scrutiny and proportionality in bail decisions, warning against arbitrary prosecutions.

Patna High Court rules that mere naming in an FIR without recovery from possession or criminal antecedents does not justify denying anticipatory bail under the Bihar Prohibition and Excise Act, even where Section 76(2) imposes restrictions. The ruling reinforces that bail under Section 438 CrPC remains a judicial discretion where allegations fail to establish a prima facie offence.