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RAJENDRA PRAKASH SONI
Satya Narayan S/o Bapu Lal Gurjar – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
1. The Petitioners are arrested and detained in F.I.R No.207/2023 registered at Police station Kotwali Nimbahera, District Chittorgarh pertaining to offence punishable under sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act (For short “the Act”) and by these petitions, they seek restoration of their liberty on bail-bond.
2. Post recording of statement of investigating officer, present is second bail petition on behalf of petitioner Satya Narayan, whereas first petition from other petitioners.
3. Briefly narrated, facts of case of prosecution is that on 29.04.2023, during patrolling and a blockade, Ashwini Kumar Sub-Inspector and acting SHO of Police Station Kotwali Nimbahera intercepted a vehicle No.MP-44-CB-1892. Upon questioning, three individuals namely Prabhulal, Satya Narayan and Ram Narayan were found sitting in the vehicle. The search of vehicle led to the recovery of 3.150 kgs of contraband of opium. After filing of the charge sheet, statements of recovery officer and Investigating Officer has already been recorded during the trial.
4. I have appreciated the submissions advanced by the learned defence counsel and learned Public Prosecutor and have care
The court established that strict adherence to procedural safeguards under the NDPS Act is essential, particularly regarding informing individuals of their rights during searches.
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.
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....
Non-compliance with mandatory provisions of the NDPS Act regarding authorized officers conducting searches renders the recovery illegal, prioritizing the fundamental right to a speedy trial over stat....
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; non-compliance invalidates the recovery and affects the legality of proceedings.
Mandatory provisions of the NDPS Act must be strictly followed; non-compliance can lead to quashing of proceedings, and the right to a speedy trial takes precedence over statutory bail restrictions.
Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
Procedural irregularities in search and seizure under the NDPS Act justify granting bail, emphasizing constitutional rights and necessity for compliance with statutory mandates.
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....
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