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FARJAND ALI
Shrawan S/o Sh. Bhagirath – 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 second 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 | 368/2023 |
| 2. | Concerned Police Station | Bilara |
| 3. | District | Jodhpur Rural |
| 4. | Offences alleged in the FIR | Section 8/15 of the NDPS Act, Section 3/25 & 27 of the Arms Act & Section 307 of the IPC |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 06.08.2024 |
2. The first bail application being SBCRLMB No.5256/2024 was dismissed as not pressed by this Court vide order dated 14.05.2024 but a liberty was afforded to the petitioner to renew the prayer for bail after recording the statement of Bhanwar Lal, Sub-Inspector. Now, Sub-Inspector Bhanwar Lal has been examined in the trial as P.W. 1. Hence, the instant bail application.
3. Briefly stated the facts of the case are that on 25.09.2023 the SHO, PS Bilara received a telephonic information from ASI Manphool, CID, CB, Jaipur that huge quantity of poppy husk would be illegally tr
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 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 searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention 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.
Non-compliance with procedural requirements under the NDPS Act can undermine the prosecution's case and justify the grant of bail.
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
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.
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 non-compliance with mandatory provisions of the NDPS Act can lead to bail being granted despite statutory restrictions.
The court established that procedural compliance is crucial in drug-related cases, and significant lapses can warrant bail despite statutory restrictions.
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