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KULDEEP MATHUR
Mukesh S/o Tikamchand Jat – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No. 400/2021 registered at Police Station Nimbahera Sadar, District Chittorgarh for the offence under Section 8/15 of the NDPS Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that as per prosecution, contraband (poppy husk/straw) weighing 95 kg. 500 gm. was recovered from the conscious possession of the present petitioner and co-accused Chandraveer on 15.10.2021. Learned counsel submitted that co-accused Chandveer and Akshay have already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 15.09.2023, passed in S.B. Criminal Misc. 3rd Bail Application No. 6952/2023 and S.B. Criminal Misc. 2nd Bail Application No. 5723/2023. Learned counsel submitted that from the perusal of the order passed by co-ordinate Bench of this Court in the case of Chandraveer (supra), it is evident, that co-ordinate Bench
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....
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.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
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.
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
Non-compliance with mandatory provisions of the NDPS Act, specifically Section 42, vitiates the recovery of narcotics and affects the prosecution's case, allowing for bail.
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....
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