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RAJENDRA PRAKASH SONI
Ganpat Singh S/o Ugam Singh – Appellant
Versus
State of Rajasthan through PP – Respondent
ORDER :
1. Arrested in furtherance of FIR No.242/2023, registered at Police Station Siriyari, District Pali, petitioner has filed this application under Section 439 Cr.P.C. (Section 483 of the BNSS, 2023) for releasing him on bail. The petitioner is charged for offences punishable under Section 8/18 of the NDPS Act.
2. Earlier, applicant made an endeavor for seeking bail by way of filing first bail application which was disposed of without considering the merits of the case since it was not pressed. Now post recording of statement of seizure officer, this second bail application has been moved.
3. The accusation against the petitioner-accused is that on 19.10.2023, during a police blockade, a public transport bus bearing number RJ-22-PA-4139 of Rajasthan Roadways was checked and 4.530 kgs. of contraband opium was recovered from a bag in the possession of the petitioner, who was traveling on the bus.
4. Learned counsel representing petitioner has fervently argued that after filing of charge sheet, statement of Seizure Officer Mahipal Singh (PW-1) has already been recorded during the trial. He has drawn the attention of the Court to the statement made during the cross-examination of this
Procedural compliance in searches under the NDPS Act is crucial; failure to inform the accused of their rights can invalidate the search and affect the prosecution's case.
The court established that strict adherence to procedural safeguards under the NDPS Act is essential, particularly regarding informing individuals of their rights during searches.
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....
Point of Law- It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is sta....
Point of Law : It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is st....
Non-compliance of Sections 42 and 50 of the NDPS Act would lead to vitiation of trial under certain circumstances. An illicit article seized from the person of an accused, during search conducted in ....
The mandatory requirement of Section 37 of the NDPS Act must be complied with before granting bail to an accused arrested in connection with the commercial quantity of narcotic drugs or psychotropic ....
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