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ANIL KUMAR UPMAN
Shiv Gorakh, S/o Shri Sitaram Yogi – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
JUDGMENT :
(Anil Kumar Upman, J.) :
1. The instant third bail application has been filed under Section 439 Cr.P.C. on behalf of the accused-petitioner who is in custody in connection with FIR No.357/2023, Police Station Bhankrota, District Jaipur (West) for offences punishable under Sections 8/21, 8/22 and 8/25 of the NDPS Act. After investigation, police filed charge-sheet before the learned court below.
2. The second bail application preferred by the petitioner was dismissed as withdrawn with liberty to renew the prayer for bail after recording statement of the Seizure Officer. Now, seizure officer has been examined during the course of trial. Thus, this third bail application has been preferred.
3. It is contended by learned counsel for the petitioner that the accused petitioner has falsely been implicated in this case. He contends that petitioner has nothing to do with the alleged recovery of contraband opium.
4. It is also argued by learned counsel that mandatory provisions of Section 42 of the NDPS Act has also not been followed as search and seizure proceedings were conducted in between sunset and sunrise by the seizure officer but no memo of reasons/grounds for conducting sea
Compliance with the NDPS Act's provisions on search and seizure is crucial; unauthorized actions can lead to the invalidation of proceedings.
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 ....
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.
Non-compliance of mandatory provisions of NDPS Act has to be dealt with a strict hand.
Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
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....
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.
The court emphasized that failure to comply with mandatory search and seizure procedures under the NDPS Act can lead to the granting of bail, especially when co-accused are similarly treated.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
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