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FARJAND ALI
Bheru Lal, S/o. Mangi Lal Salvi – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
(Farjand Ali, J.)
1. The jurisdiction of this Court has been invoked by way of filing an instant third bail applications under Section 439 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 341/2021 |
| 2. | Concerned Police Station | Sadar Chittorgarh |
| 3. | District | Chittorgarh |
| 4. | Offences alleged in the FIR | Section 8/15 of the NDPS Act |
| 5. | Offences added, if any | -- |
2. The previous two bail applications has been rejected by this Court. The first bail application was dismissed vide order dated 24.08.2023 passed in SBCRLMB No.9590/2023 and SBCRLMB No.4542/2023 with liberty to file afresh after statement of Seizing Officer. The second bail application of petitioners came to be disposed of by this Court vide order dated 09.04.2024 passed in SBCRLMB No.2389/2024 and SBCRLMB No.1414/2024 with liberty to renew the prayer for bail in the month of July, 2024 with better particulars. Now, the statement of the Seizing Officer has been completed as PW-2. Hence, the instant third bail application.
3.
The court ruled that non-compliance with mandatory provisions of the NDPS Act can lead to bail being granted despite statutory restrictions.
The court emphasized the importance of adhering to procedural requirements in drug seizure cases, ruling that non-compliance can render evidence inadmissible and affect bail decisions.
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
The court established that procedural compliance is crucial in drug-related cases, and significant lapses can warrant bail despite statutory restrictions.
Procedural compliance under the NDPS Act is crucial; failure to adhere to Section 52A can lead to the inadmissibility of evidence and impact bail decisions.
Non-compliance with procedural requirements under the NDPS Act can undermine the prosecution's case and justify the grant of bail.
The court established that procedural non-compliance in drug seizure cases can justify bail, prioritizing individual liberty over statutory restrictions.
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
Procedural compliance in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; failure to comply can lead to the invalidation of evidence and grant of bail.
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