210. Section 123 (1) of the Criminal Procedure Code requires a person who has made an application for bail to meet the following conditions – (a) providing a surety or sureties as a case may be; (b) a person must be of fixed aboard; (c) a person must make an undertaking not to interfere with State witnesses; and (d) a person may be requested to pay a sum of money or bail granted in own recognizance. B. JUDICIAL MEASURES Bail 211. Bail in Zambia is not a right and depends upon the discretion of the Court. In the case of Chetankumar Shantkal Parekh Vs the People, SCZ Judgement No. 11 of 1995, the appellant appeared before the Subordinate Court on a charge of unlawful possession of drugs. The Magistrate Court refused to grant bail citing Section 43 of the Narcotic Drugs and Psychotropic Substances Act, which forbids the granting of bail in any “cognizable offence” under the Act. The appellant further made a bail application to the High Court which was also refused. The appellant then appealed to the Supreme Court arguing that this blanket denial of bail under the Act, which applies to any and all drug offences, violates Article 13 of the Constitution. 212. The Supreme Court held that there was nothing unconstitutional in a provision that prohibited or restricted the grant of bail pending trial. It further held that as long as a trial did not become unreasonably delayed, it is constitutionally permissible to deprive one’s liberty without the allowance of bail. 95