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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Narain Lal – Appellant
Versus
Union of India – Respondent
Order :
1. The jurisdiction of this court has been invoked by way of filing the instant 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 | VIII (IO)07/ NCB/JZU/2022 |
| 2. | Concerned Police Station | NCB Jodhpur Unit |
| 3. | District | Jodhpur |
| 4. | Offences alleged in the FIR | Sections 8/18, 8/25 & 8/29 of NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 11.05.2023 |
2. The previous application being S.B. Criminal Misc. Bail Application No.11588/2023 came to be dismissed as not pressed by this Court vide order dated 05.07.2024. Hence, the instant bail application.
3. The brief facts of the case are that on 24.03.2022, officials of the Narcotics Control Bureau (NCB), Jodhpur Unit, acting on a tip- off, intercepted a Renault Duster car bearing registration number RJ-14-CQ-9853 at the Jhilwada RSRDC Check Post on the way to Desuri Naal. Upon inspection, two individuals were found in the vehicle, identified as the driver, Narain, and Dhanna Giri, who was seated in the cleaner’s seat. A search of the vehicle led to the recovery of 3 kg 0.25g of opium concealed in a plastic c
The right to liberty is fundamental, and bail may be granted despite statutory restrictions when circumstances justify it, emphasizing the importance of timely trials.
Provisional liberty can override statutory restrictions on bail under the NDPS Act when trial delays are evident, emphasizing the fundamental right to personal liberty.
The court granted bail under Section 439 Cr.P.C. due to lack of specific allegations against the accused and the lengthy trial ahead, emphasizing the need for substantial evidence for incarceration.
The court established that prolonged detention without sufficient evidence violates personal liberty, and bail should be granted if the prosecution fails to demonstrate a direct connection to the all....
The right to a speedy trial is a fundamental right under Article 21, which can override statutory restrictions on bail.
The court ruled that the conditions for bail under Section 37 of the NDPS Act were not satisfied, emphasizing that disability alone does not justify bail in serious drug offences.
The court considered the lengthy trial process and absence of other pending cases in granting bail to the accused-petitioner for the offense under the NDPS act.
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