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FARJAND ALI
Mahendra Kumar S/o Rajuram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The jurisdiction of this Court has been invoked by way of filing 3rd bail 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 | 273/2022 |
| 2. | Concerned Police Station | Pindwara |
| 3. | District | Sirohi |
| 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 | 17.08.2024 |
2. The first and second bail applications filed on behalf of the petitioner being SBCRLMB Nos.12035/2023 & 2438/2024 came to be dismissed as not pressed by this Court vide orders dated 07.10.2023 & 29.04.2024 with liberty to file afresh after statement of the IO is recorded in trial. Now, Investigating officer has been examined, hence, the instant bail application.
3. Brief facts of the case are that on 25.07.2022, Bhanwarlal, SHO PS Pindwara intercepted a Bolero Pickup bearing registration No. RJ21-GC-4190 wherein Mahendra Kumar was driving the vehicle and Bhajna Ram were found sitting therein. Upon search,
The court ruled that searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention without trial.
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; failure to comply can lead to the invalidation of evidence and grant of bail.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
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.
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.
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.
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
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