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FARJAND ALI
Harjindra Singh, S/o. Bhutta Singh Jatsikh – 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 | 168/2023 |
| 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 | -- |
| 6. | Date of passing of impugned order | 01.04.2024 |
2. The first bail application of petitioners came to be disposed of by this Court vide order dated 22.02.2024 passed in SBCRLMB No.467/2024 with liberty of file afresh after recording the statement of Seizing Officer. Now, the statement of Seizing Officer is recorded. Hence, the instant bail application.
3. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. If the seizure of the contraband is not made as per the legal provision then the embargo containe
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.
Non-compliance with procedural requirements under the NDPS Act can undermine the prosecution's case and justify the grant of bail.
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 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 ruled that non-compliance with mandatory provisions of the NDPS Act can lead to bail being granted despite statutory restrictions.
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 in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
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.
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 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.
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