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FARJAND ALI
Vinod S/o Shri Rameshwarlal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The jurisdiction of this court has been invoked by way of filing an instant applications under Section 439 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein-below:
| S. No. | Particulars of the Case | |
| 1. | FIR Number | 155/2022 |
| 2. | Concerned Police Station | Arnod |
| 3. | District | Pratapgarh |
| 4. | Offences alleged in the FIR | Sections 8/15 & 29 of NDPS Act |
| 5. | Offences added, if any | --- |
| 6. | Date of passing of impugned order | 15.01.2024 |
2. The first bail applications of the petitioners were dismissed as not pressed vide order dated 30.10.2023 (S.B. Criminal Misc. Bail Application Nos.12501/2023 & 11061/2023) but a liberty was afforded to them to renew the prayer for bail after the statements of Investigating Officer and Seizing Officer are recorded. Now, the statements of both Investigating Officer and Seizing Officer are recorded. Hence, these bail applications.
3. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. There are several flaws and laches in the case of the prosecution. They s
The court established that only authorized officers under the NDPS Act can conduct searches and seizures, and failure to comply with these provisions renders the evidence inadmissible, impacting the ....
Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
Non-compliance of mandatory provisions of NDPS Act has to be dealt with a strict hand.
Strict compliance with the statutory procedure and the stringent provisions of the NDPS Act are crucial in determining the admissibility of evidence and granting bail, despite the quantity of contrab....
Mandatory provisions of the NDPS Act must be strictly followed; non-compliance can lead to quashing of proceedings, and the right to a speedy trial takes precedence over statutory bail restrictions.
The improper conduct of search and seizure under relevant law invalidates the charges and warrants bail.
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.
Compliance with the NDPS Act's provisions on search and seizure is crucial; unauthorized actions can lead to the invalidation of proceedings.
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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