FARJAND ALI
Baldev Singh Bishnoi S/o Shri Mala Ram Bishnoi – Appellant
Versus
Union Of India – Respondent
ORDER :
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 | VIII(IO)10NCB/JZU/2022 |
| 2. | Concerned Police Station | NCB Jodhpur |
| 3. | District | Jodhpur |
| 4. | Offences alleged in the FIR | Sections 8/15, 25 & 29 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 13.03.2023 |
2. Mr. Vishal Sharma, learned counsel for the petitioner vehemently and fervently contended that petitioner has unnecessarily been dragged in this case rather, his arrest is not required as he has nothing to do either with the accused or with the contraband allegedly recovered from the accused Anil Sen, who was in the car bearing registration No.RJ25 CA2711 in which allegedly 155 Kg 490 grams poppy husk came to be recovered. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions
Rabi Prakash Vs. State of Odisha passed in Special leave to Appeal (Crl.) No.(s) 4169/2023
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Provisional liberty can override statutory restrictions on bail under the NDPS Act when trial delays are evident, emphasizing the fundamental right to personal liberty.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
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The court prioritized the fundamental right to a speedy trial over statutory restrictions on bail under the NDPS Act, allowing bail due to prolonged incarceration and procedural non-compliance.
The right to a speedy trial is a fundamental right under Article 21, which can override statutory restrictions on bail.
The court established that non-compliance with mandatory provisions of the NDPS Act can render evidence inadmissible, and that prolonged detention without trial can justify the grant of bail despite ....
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 ....
The court established that procedural non-compliance in drug seizure cases can justify bail, prioritizing individual liberty over statutory restrictions.
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