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KULDEEP MATHUR
Kishore Kumar S/o Shri Bhikha Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No. 297/2021, registered at Police Station Kotwali, District Nagaur for the offences under Sections 8/21 and 8/29 NDPS Act and 3/25 Arms Act.
2. The earlier applications for bail were dismissed vide orders dated 21.4.2022 (Second CRLMB No. 3258/2022 Kishore vs. State) and 10.09.2021 (CRLMB No. 12421/2021 Gopal vs. State).
3. As per prosecution story, SHO Brijendra Singh C.I. PS Kotwali, Nagaur received an information from reliable sources that the present accused-Gopal is going to sell psychotropic/narcotic substance to one of his customer in vehicle (Scorpio) bearing no. RJ-23-UB-3022. On receiving aforesaid information, by following the procedure provided under Section 42(1) and (2) of NDPS Act, SHO, PS Kotwali, Nagaur with his team at about 11:50 P.M. reached to the dhani (group of houses in a village) of the petitioners, where they saw two persons standing. Upon seeing the police team, the accused tried to flee in their white Scorpio. The police team, however, succeeded in nabbing both the persons, who on being interrogated disclosed
Point of Law : violation of Section 52 of the NDPS Act is concerned, suffice it to note that present petitioners were duly informed about grounds of their arrest and therefore, it cannot be said that....
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; failure to comply can lead to the invalidation of evidence and grant of bail.
Point of law: Recovery of contraband – Rejection of bail - contraband article is more than the commercial quantity and the investigation is still pending
The main legal point established in the judgment is the impact of delay in trial on the accused's right to liberty, especially in cases governed by stringent bail conditions under special acts like t....
The court ruled that searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention without trial.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
Compliance with the mandatory provisions of the NDPS Act, particularly Sections 42 and 52-A, is crucial for the validity of search, seizure, and evidence collection; failure to comply can lead to the....
Point of Law- It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is sta....
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
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