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FARJAND ALI
Phool Chand S/o Tulsi Ram Dhakar – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing the instant second bail application under Section 439 CrPC 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 | 255/2022 |
| 2. | Concerned Police Station | Nimbahera Sadar |
| 3. | District | Chittorgarh |
| 4. | Offences alleged in the FIR | Section 8/18 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 17.01.2024 |
2. The first bail application being SBCRLMB No.2587/2023 was dismissed as not pressed by this Court vide order dated 06.10.2023 but a liberty was afforded to the petitioner to renew the prayer for bail after recording the statement of Naru Lal, Sub-Inspector. Now, Sub-Inspector Naru Lal has been examined in the trial as P.W. 1. Hence, the instant bail application.
3. Briefly stated the facts of the case are that on 03.06.2022 upon receiving information, Naru Lal, Incharge P.S. Sadar, Nimbahera that Phool Chand has stored contraband opium in his house upo
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.
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Procedural compliance in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting 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.
The court established that non-compliance with mandatory provisions of the NDPS Act, particularly regarding the sampling process, can render the prosecution's case weak and justify the grant of bail,....
Non-compliance with procedural requirements under the NDPS Act can undermine the prosecution's case and justify the grant of bail.
The court established that procedural non-compliance in drug seizure cases can justify bail, prioritizing individual liberty over statutory restrictions.
The court established that procedural compliance is crucial in drug-related cases, and significant lapses can warrant bail despite statutory restrictions.
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.
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