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FARJAND ALI
Nazir Khan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The jurisdiction of this court has been invoked by way of filing an instant application under Section 439 Cr.P.C. 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 | 295/2022 |
| 2. | Concerned Police Station | Bijoliya |
| 3. | District | Bhilwara |
| 4. | Offences alleged in the FIR | Sections 8/15 of NDPS Act. |
| 5. | Offences added, if any | --- |
| 6. | Date of passing of impugned order | 21.07.2023 |
2. The concise facts of the case as alleged in the FIR are that on 12.09.2022 Sub-Inspector Kailash Chand gave a report to the effect that after leaving nakabandi, SHO informed about an Innova car bearing registration no. GJ12 DA 8136, the driver of which had turned his car towards Bijolia after seeing the police at Undro ka kheda and instructed them to intercept and check the vehicle. On this, the team reached Kesuvillas road and after sometime the aforementioned car was seen coming in high speed. On spotting the police, the driver turned around the car towards Rampuriya
The improper conduct of search and seizure under relevant law invalidates the charges and warrants bail.
Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
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....
The court emphasized strict adherence to statutory provisions in drug-related cases, ruling that unauthorized search and seizure render proceedings illegal, thus justifying bail.
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.
Non-compliance of mandatory provisions of NDPS Act has to be dealt with a strict hand.
Mandatory compliance with procedural safeguards under Section 42 of the NDPS Act is crucial for lawful search and seizure; failure to comply invalidates recovery.
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....
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.
The court emphasized that compliance with mandatory provisions under the NDPS Act is vital, and any breach renders the proceedings invalid, warranting bail at the pre-conviction stage.
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