IMPORTANT POINT
The court established that non-compliance with mandatory provisions of the NDPS Act, particularly regarding seizure and sampling, can create reasonable doubt about the prosecution's case, warranting the grant of bail even in serious drug-related offenses.

JUDGMENT :

FARJAND ALI, J.

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

2. Briefly stated the facts of the case are that on 12.05.2022, Khiya Ram, Intelligence Officer, NCB, Jodhpur upon receiving a secret information, he along with his team proceeded towards house of Than Singh upon which, members of the family escaped. During search 5 bags weighing 100.566 Kg of poppy husk were recovered. The petitioner was apprehended on 14.05.2022 and since then he is in custody. A case under Section 8/15, 25 & 29 was registered against him.

3. 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 based on conjectures and surmises. He further submits that the accused was taken into custody on 14.05.2022 and since then he is behind the bars. Now, one and half 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.

4. 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.

5. I have considered the submissions made by both the parties and have perused the material available on record.

6. The first, second and third bail application being SBCRLMB Nos.16258/2022, 1125/2023 & 8165/2023 came to be dismissed by this Court vide orders dated 21.12.2022, 10.04.2023 and 08.02.2024. While rejecting the second and third bail applications, this Court passed the following orders:-

Bail Appln.No.1125/2023

At the outset, learned counsel for the petitioner prays for withdrawal of the instant bail application with liberty to renew the prayer.

The prayer sought for is allowed.

Accordingly, the instant bail application is dismissed as withdrawn with liberty as prayed for.

However, in the peculiar facts and circumstances of the case, it is deemed appropriate to direct the learned trial Court to make sincere endeavor to record the statement of the Seizure Officer and Investigation Officer as a first witness on preferential basis and decide the trial as expeditiously as possible and thereafter, the petitioner would at liberty to renew the prayer.

Bail Appln. No.8165/2023

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. 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 based on conjectures a