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FARJAND ALI
Asad Ahmed – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 16.11.2022 passed by the learned Special Judge, NDPS Act No. 2, Chittorgarh in Sessions Case No.172/2019 whereby he was convicted under Sections 8/15(c) of NDPS Act and sentenced to suffer maximum 10 years rigorous imprisonment along with a fine of Rs.1,00,000/- and in default to further undergo two month of rigorous imprisonment.
2. It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. He submits that the seizing officer had been informed about the presence of narcotic substance in the car of the petitioner before he left to conduct search and seizure, yet the seizing officer did not relay the above-mentioned information to the senior officers before proceeding further which is mandatory under Section 42 of NDPS Act and thus, the entire process of recovery stands vitiated on this count beca
Mandatory compliance with procedural safeguards under Section 42 of the NDPS Act is crucial for lawful search and seizure; failure to comply invalidates recovery.
The improper conduct of search and seizure under relevant law invalidates the charges and warrants bail.
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....
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 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....
Non-compliance of mandatory provisions of NDPS Act has to be dealt with a strict hand.
Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
The court established that strict adherence to procedural safeguards under the NDPS Act is essential, particularly regarding informing individuals of their rights during searches.
The court emphasized strict adherence to statutory provisions in drug-related cases, ruling that unauthorized search and seizure render proceedings illegal, thus justifying bail.
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