Back
VIJAY BISHNOI
Rahul – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - The petitioner has been arrested in FIR No.231/2018 of Police Station Nimbahera Sadar, District Chittorgarh for the offences punishable under Sections 8/15 and 25 of NDPS act. He has preferred this fourth bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner has submitted that after rejection of third bail application of the petitioner, the petitioner has moved an application before the trial court under Section 311 Cr.P.C. with a prayer to recall the witnesses PW-1 Darshan Singh the then Investigating Officer and PW-2 Rajaram the then Seizure Officer. It is submitted that the said application of the petitioner came to be dismissed by the trial court, however, a Coordiante Bench of this Court vide order dated 18.11.2021 passed in S.B. Criminal Revision Petition No.913/2021 (Rahul Vs. State of Rajasthan) allowed the request of the petitioner and directed the trial court to summon the prosecution witnesses. It is submitted that pursuant to that, the statements of PW-2 Rajaram (Seizure Officer) have been recorded before the trial court on 14.12.2021. It is submitted that PW-2 Rajaram (Seizure Officer) in his cross- examination has
The court denies bail without expressing an opinion on the merits of the case.
The recovery of narcotic contraband must be in conformity with the provisions of the NDPS Act and the relevant instructions issued by the Narcotics Control Bureau.
Improper sampling methods in narcotics cases can lead to doubts about the classification of seized substances, impacting the likelihood of conviction and the granting of bail.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
The recovery of contraband from the possession of the accused, reliability of secret information, and the limitations prescribed under Section 37 of the NDPS Act are crucial factors in deciding bail ....
The integrity of seizure and recovery procedures is crucial in drug-related cases, and non-compliance with statutory requirements can lead to the granting of bail despite serious charges.
The court's decision was primarily based on the lack of clarity in the method of drawing samples of the seized narcotic drug, the quantity seized being less than the commercial quantity, and the leng....
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, ruling that non-compliance can render evidence inadmissible and affect bail decisions.
Procedural compliance under the NDPS Act is crucial; failure to adhere to Section 52A can lead to the inadmissibility of evidence and impact bail decisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
