FARJAND ALI
Gopi Lal S/o Shri Jaikishan – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Farjand Ali, J.
1. The jurisdiction of this court has been invoked by way of filing the instant bail application under Section 439 CrPC 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 | 91/2021 |
| 2. | Concerned Police Station | Naal |
| 3. | District | Bikaner |
| 4. | Offences alleged in the FIR | Sections 8/22 and 25 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 18.05.2023 |
2. The concise facts of the case as alleged in the FIR are that the petitioner came to be arrested in this case on 29.05.2021 and certain medicinal drug viz., 54 boxes containing 27000 tablets of NRx Tramadol Hydrochloride Tablets 100 mg Calviidol-100 SR Tablets (9 Kg 180 grams) were recovered from his possession.
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 submits that the contraband was recovered on 29.05.2021 and he has been behind bars since a very long period and the trial is progressing at a very slow pace. There are no factor
Mohd Muslim @ Hussain V. State (NCT OF DELHI) Vs. State (NCT of Delhi)
The court established that fundamental rights can take precedence over statutory restrictions on bail in cases of procedural non-compliance.
The court established that procedural non-compliance in drug seizure cases can justify bail, prioritizing individual liberty over statutory restrictions.
The court established that procedural compliance is crucial in drug-related cases, and significant lapses can warrant bail despite statutory restrictions.
Procedural compliance under the NDPS Act is crucial; failure to adhere to sampling and inventory requirements can undermine the prosecution's case and justify bail.
The court established that the right to a speedy trial and personal liberty under Article 21 of the Constitution can override the statutory restrictions on bail under the NDPS Act, particularly when ....
Procedural compliance in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
The court ruled that non-compliance with mandatory provisions of the NDPS Act can lead to bail being granted despite statutory restrictions.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
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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