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FARJAND ALI
Sharvan – Appellant
Versus
Union of India – Respondent
ORDER :
Farjand Ali, J.
The present bail application has been filed on behalf of the petitioner under Section 439 Cr.P.C. for the alleged offences punishable under Sections 8 /18, 8/25 and 8/29 of NDPS Act in connection with FIR No. 01/2020 registered at Police Station Narcotics Control Bureau (NCB), Office of Deputy Commissioner Narcotics, Kota.
2. Learned Public Prosecutor opposed the bail application.
3. Heard learned counsel for the petitioner as well as learned counsel for the Central Bureau of Narcotics (CBN), Shri T.P. Sharma and perused the order impugned and the other material available on record, particularly, the allegations levelled in the supplementary complaint dated 06.06.2022.
4. It is revealing that the team of CBN on 23.01.2020 intercepted a vehicle truck bearing registration No.RJ-19-GB2942. Upon search being made, it is alleged that a total of 18 Kilogram of opium was recovered from a secret chamber made in the body of truck. As per the allegations, the truck was being driven by one Prem Prakash S/o Bhiya Ram Bishnoi and the conductor was Bhupendra Singh @ Jalam Singh. A case under Section 8 /18(B) of the NDPS Act got registered and both the accused Prem Prakash an
The court emphasized that personal liberty must be prioritized over statutory restrictions in granting bail, especially when there are violations of mandatory provisions.
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.
The judgment establishes that procedural compliance in narcotics cases is crucial, and failure to adhere to statutory requirements can lead to the granting of bail, even in serious offenses under the....
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.
Bail under Section 37 of the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, especially for serious crimes.
The court established that fundamental rights can take precedence over statutory restrictions on bail in cases of procedural non-compliance.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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