The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.

ORDER :

Farjand Ali, J.

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

4. I have considered the submissions made by both the parties and have perused the material available on record.

5. Upon consideration of the submission that co-accused Shrawan has already been enlarged on bail by this Court vide order dated 08.10.2024 passed in S.B. Criminal Miscellaneous 2nd Bail Application No.10563/2024. For ready reference the relevant part of the said order is reproduced hereinunder:-

2. The first bail application being SBCRLMB No.5256/2024 was dismissed as not pressed by this Court vide order dated 14.05.2024 but a liberty was afforded to the petitioner to renew the prayer for bail after recording the statement of Bhanwar Lal, Sub-Inspector. Now, Sub-Inspector Bhanwar Lal has been examined in the trial as P.W. 1. Hence, the instant bail application.

3. Briefly stated the facts of the case are that on 25.09.2023 the SHO, PS Bilara received a telephonic information from ASI Manphool, CID, CB, Jaipur that huge quantity of poppy husk would be illegally transported in a White Creta Car bearing registration No. RJ45 CP6019 and a White Swift Desire Car bearing registration No.OD10 P3168 coming from Beawar to Jodhpur. On the basis of the said information, the SHO, PS Bilara alongwith his team during nakabandi at about 1:10 p.m. on seeing the police party, the drivers of the said Creta Car (Shrawan) and Swift Car along with one other turned down and tried to escape from the spot in high speed. During that course, the accused left their vehicles and run towards the dirt road. At some distance, the SHO Pipar caught one person who disclosed his name as Shrawan, while escaping he received injury on his leg. The other two persons were having 12 bore gun in their hands were also apprehended. They disclosed their names as Hadman Ram and Mahesh. All the accused persons were detained and during search 11 bags of poppy husk weighing 252.300 grams were recovered from Creta Car RJ45 CP6019 and 9 bags of poppy husk and Rs.56,090/- were recovered from the rear seat of Swift Car. After search and seizure, Seizing Officer took samples, marked them and sent the same to the FSL for chemical examination and a case under Section 8/15 of the NDPS Act, Section 3/25 and Section 27 of the Arms Act and Section 307 of the IPC got registered. The accused were arrested.

4. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. He further submits that the accused was taken into custody on 25.09.2023 and since then he is behind the bars. Now, more than one year has been