IMPORTANT POINT
The judgment establishes that procedural compliance in narcotics cases is crucial, and failure to adhere to statutory requirements can lead to the granting of bail, even in serious offenses under the NDPS Act.

ORDER :

FARJAND ALI, J.

1. The jurisdiction of this court has been invoked by way of filing the second bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. His first bail application being SBCRLMB No.2750/2023 came to be dismissed as not pressed by this Court vide order dated 18.09.2023.

3. Briefly stated the facts of the case are that on 11.05.2022 Thakara Ram, SHO, Police Station Bigod, District Bhilwara received an information through ADG Crime Branch, Jaipur to the effect that certain quantity of opium has been concealed by one Babu Lal at his house, which is in a steel cane and is lying underneath the staircase. When the SHO along with his team reached at the house of Babu Lal, they saw a person was sitting outside the house, on seeing the police party, was about the leave the place, but he was stopped and upon being asked, he answered his name to be Vinod Kumar and he replied that his father was not at home since he had one somewhere. He was informed regarding said information and during search of the house, 5 plastic bags containing contraband opium (weighing 7Kg 852 gms) in a steel cane were recovered from beneath the staircase connecting with the roof; he told that his father had bought the said steel cane.

Thereafter the petitioner was arrested and sent to the judicial custody. The Seizing Officer took samples at the spot and marked them as ‘A’ to ‘E’ whereafter sent the same to the FSL for its chemical examination. After usual investigation, a case under Section 8/18 of the NDPS Act has been registered against the petitioner.

4. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused simply because there are allegations against his father regarding having contraband. He further submits that the accused is in custody since 11.05.2022. Now, more than two years have elapsed but the trial is not going to be culminated and still it seems that a further long time shall be taken in conclusion of the same, thus, he may be enlarged on bail.

5. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail. He has placed factual report on record for perusal of the Court.

6. Have heard and considered the submissions made by both the parties, Investigating Officer and have perused the challan papers and the other material available on record.

7. The factual report dated 01.08.2024 revealing that the principal accused Babu Lal has been arrested on 14.08.2023. It is revealing that right from the very inception, the prosecution has proceeded with the story that the accused Babu Lal was having connection with contraband opium which was in a steel cane was concealed in his house beneath the staircase connecting with the roof. Believing upon the information, the memo under Section 42 of the NDPS Act was prepared wherein it has been mentioned that:

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8. Interestingly, the notice under Section 50 of the NDPS Act given by the