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KULDEEP MATHUR
Raju Lal S/o Shri Madhu Jat – Appellant
Versus
State Of Rajasthan, Through P. P. – Respondent
ORDER :
1. This second 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.26/2022, registered at Police Station Gangrar, District Chittorgarh, for offence under Section 8/15 of the NDPS Act.
2. The first bail application of the petitioner was dismissed by this Court vide order dated 17.05.2023.
3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
4. As per the prosecution, on 29.01.2022, upon receiving secret information, the compound attached with the house of Narayan Lal was searched by the police team. During search, a swift car and a tractor were found parked therein and co-accused Narayan Lal was found sitting on the driver seat of the tractor whereas the present petitioner was found on the mudguard of the tractor.
4. Learned counsel for the petitioner submitted that co-accused namely Narayan Lal has already been enlarged on bail by a coordinate Bench of this Court vide order dated 04.12.2023 in Criminal Misc. 2nd Bail Application No.9218/2023. The order dated 04.12.2023 passed by a coordinate Bench of this Court is reproduced hereinbelow:-
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period 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.
Procedural compliance under the NDPS Act is crucial; failure to adhere to sampling and inventory requirements can undermine the prosecution's case and justify bail.
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.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
The court emphasized the importance of adhering to procedural requirements in drug seizure cases, ruling that non-compliance can render evidence inadmissible and affect bail decisions.
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.
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....
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