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DEVENDRA KACHHAWAHA
Labhchand – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.60/2019, Police Station Bassi, District Chittorgarh, registered for the offence punishable under Section 8/15 of the NDPS Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that at the time of rejection of first bail application (Bail Application No.14810/2020) vide order dated 25.01.2021, liberty was granted to petitioner to file a fresh bail application after recording the statement of Seizure Officer; thereafter, statement of Seizure Officer (PW.3) has been recorded before the learned trial Court and during the cross-examination, he has admitted that at the time of notice given under Section 50 of the NDPS Act, third option was given by the him which is against the spirit of Section 50 of the NDPS Act and apart from third option, notice which was given under Section 50 of the NDPS Act by the Seizure Officer, in that notice, it was not mentioned that if Gazetted Officer/Magis
Compliance with Section 50 of the NDPS Act is crucial for the protection of the accused's rights during searches, and violations can lead to the granting of bail.
Strict compliance with Section 50 of the NDPS Act is essential during searches, and violations can impact the decision on bail applications.
A violation of procedural safeguards under the NDPS Act, specifically Section 50, can lead to the granting of bail despite the presence of commercial quantities of narcotics.
The violation of Section 50 of the NDPS Act during the seizure proceedings and the satisfaction of the condition under Section 37 influenced the court's decision to grant bail to the accused-petition....
The violation of procedural safeguards under Section 50 of the NDPS Act can lead to the granting of bail, even in cases involving commercial quantities of contraband.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court emphasized that personal liberty must be prioritized over statutory restrictions in granting bail, especially when there are violations of mandatory provisions.
The court ruled that non-compliance with mandatory provisions of the NDPS Act can lead to bail being granted despite statutory restrictions.
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