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FARJAND ALI
Chandraveer S/o Shri Gokal Ram Jat – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The jurisdiction of this court has been invoked by way of filing an instant application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein-below:
| S. No. | Particulars of the Case | |
| 1. | FIR Number | 400/2021 |
| 2. | Concerned Police Station | Sadar Nimbahera |
| 3. | District | Chittorgarh |
| 4. | Offences alleged in the FIR | Sections 8/15 and 29 of NDPS Act |
| 5. | Offences added, if any | --- |
| 6. | Date of passing of impugned order | 25.04.2023 |
2. The first bail application of petitioner Akshay came to be dismissed by this Court vide order dated 21.12.2022 with liberty to the petitioner to file afresh after filing of charge-sheet. The second bail application of petitioner Chandraveer came to be dismissed by this Court vide order dated 16.03.2023 as the matter pertained to recovery of contraband above commercial quantity and there were no favourable circumstances in favour of the petitioner apparent at that time. Now, I.O. has been examined, hence the present second bail application
Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
The court established that only authorized officers under the NDPS Act can conduct searches and seizures, and failure to comply with these provisions renders the evidence inadmissible, impacting the ....
Non-compliance of mandatory provisions of NDPS Act has to be dealt with a strict hand.
The improper conduct of search and seizure under relevant law invalidates the charges and warrants bail.
Strict compliance with the statutory procedure and the stringent provisions of the NDPS Act are crucial in determining the admissibility of evidence and granting bail, despite the quantity of contrab....
Mandatory provisions of the NDPS Act must be strictly followed; non-compliance can lead to quashing of proceedings, and the right to a speedy trial takes precedence over statutory bail restrictions.
The court emphasized strict adherence to statutory provisions in drug-related cases, ruling that unauthorized search and seizure render proceedings illegal, thus justifying bail.
Compliance with the NDPS Act's provisions on search and seizure is crucial; unauthorized actions can lead to the invalidation of proceedings.
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