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FARJAND ALI
Simran, D/o. Shri Gurjinder Kumar – 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-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 132/2021 |
| 2. | Concerned Police Station | Chunawadh |
| 3. | District | Ganganagar |
| 4. | Offences alleged in the FIR | Section 8/22 of the NDPS Act |
| 5. | Offences added, if any | Section 8/22 r.w. Section 29 of the NDPS Act |
| 6. | Date of passing of impugned order | 26.09.2024 |
2. The first bail application of petitioner came to be dismissed of by this Court vide order dated 27.02.2024 passed in SBCRLMB No.4017/2023. Hence, the instant bail application.
3. Briefly stated the facts of the case are that on 13.09.2021, when the SHO P.S. Chunawadh, District Sri Ganganagar along with him team while on patrolling duty reached near the three way, on seeing them, a man and woman sitting on the Activa bearing registration No.RJ13 SQ8208 and a person sitting on Motorcycle bearing registration No.RJ13 SD1748
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
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 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.
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.
Non-compliance with procedural requirements under the NDPS Act can undermine the prosecution's case and justify the grant of bail.
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 adhering to procedural requirements in drug seizure cases, ruling that non-compliance can render evidence inadmissible and affect 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.
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