Back
FARJAND ALI
Dharmendra Singh, S/o. Jaswant Singh Rajput – Appellant
Versus
Union Of India, Through CBN – Respondent
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:
| S. No. | Particulars of the Case | |
| 1. | FIR Number | 1/2024. |
| 2. | Concerned Police Station | CBN Chittorgarh |
| 3. | District | Chittorgarh |
| 4. | Offences alleged in the FIR | Section 8/15 (C) of NDPS Act. |
2. The first and second bail applications being SBCRLMB No. 3317/2024 and SBCRLMB No. 8806/2024 of the petitioners have been dismissed as not pressed by this Court vide orders dated 24.04.2024 and 18.07.2024 respectively. While deciding the earlier bail application, liberty was granted to renew the prayer after filing of the charge-sheet. Now the charge-sheet has been filed, thus, the instant bail applications.
3. 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
The court ruled that jurisdiction must align with the location of the crime, emphasizing the importance of proper legal procedure in bail applications.
Bail granted due to procedural irregularities in seizure and jurisdictional lack, emphasizing the importance of evidence integrity and precedent in similar cases.
Procedural irregularities during seizure and arrest undermine evidentiary integrity, warranting bail under the principles of personal liberty and procedural fairness.
Delayed trials and jurisdictional flaws justify bail under NDPS Act, balancing statutory obligations with constitutional rights against prolonged detention.
The court ruled that jurisdiction for drug-related offences is determined by the location of the offence and emphasized strict compliance with procedural norms during seizure operations.
Procedural irregularities regarding jurisdiction and the seizure process undermine the integrity of the prosecution's case, warranting bail grant despite serious charges.
Procedural lapses in seizure events invalidate evidence, reinforcing the need for proper jurisdiction and compliance with statutory requirements in narcotics cases.
Procedural irregularities in arrest and seizure undermine the legal validity of the prosecution case.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
