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FARJAND ALI
Dhimaram Bishnoi S/o Shri Hanumanram Bishnoi – Appellant
Versus
Narcotics Control Bureau – Respondent
ORDER :
1. The jurisdiction of this court has been invoked by way of filing an instant third bail application under Section 439 Cr.P.C. 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 | VIII(IO)15/NCB/IZU/2021 |
| 2. | Concerned Police Station | NCB Sub-Regional Unit |
| 3. | District | Jodhpur |
| 4. | Offences alleged in the FIR | Sections 8/15, 25 & 29 of NDPS Act |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order | 12.07.2024 |
2. The first and second bail applications of petitioner came to be dismissed by this Court vide order dated 24.06.2022 & 27.08.2022 passed in SBCRLMB No. 9599/2022 & 11182/2022 with the liberty of file afresh after recording the statement of Seizing Officer. Now the statement of Seizing Officer is recorded. Hence, the instant bail application.
3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. He further submits that co-accused Sangram Singh has already been bailed out by Hon’ble the Apex Court passed in SLP (Cri) D
Procedural compliance under the NDPS Act is crucial; failure to adhere to Section 52A can lead to the inadmissibility of evidence and impact bail decisions.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, ruling that non-compliance can render evidence inadmissible and affect bail decisions.
Non-compliance with procedural requirements under the NDPS Act can undermine the prosecution's case and justify the grant of bail.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
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.
Procedural compliance in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
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