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FARJAND ALI
Jagdish, S/o. Panna Ram – 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 second bail application 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 | 399/2023 |
| 2. | Concerned Police Station | Nokha |
| 3. | District | Bikaner |
| 4. | Offences alleged in the FIR | Sections 8/15 and 25 of the NDPS Act |
| 5. | Offences added, if any (S.B. Crl Misc. IInd Bail Application No.5770/2024) | Section 8/29 of the NDPS Act |
| 6. | Date of passing of impugned order (S.B. Crl Misc. IInd Bail Application No.8515/2024) | 15.09.2023 |
| 7. | Date of passing of impugned order (S.B. Crl Misc. IInd Bail Application No.5770/2024) | 03.05.2024 |
2. In nutshell the facts of the case are that on 02.08.2023 Shri Gopi Ram Sub- Inspector, PS Nokha, Bikaner along with his team during patrolling, tried to intercept the camper vehicle but upon seeing the police party, the driver of the camper immediately halted the vehicle and attempted to reverse direction. Due t
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
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.
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.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, ruling that non-compliance can render evidence inadmissible and affect 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 compliance under the NDPS Act is crucial for the admissibility of evidence, impacting the decision to grant bail.
Procedural compliance under the NDPS Act is crucial; failure to adhere to sampling and inventory requirements can undermine the prosecution's case and justify bail.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
Procedural compliance in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
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