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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
BHAGWANT SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The jurisdiction of this court has been invoked by way of filing the 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 | 202/2020 |
| 2. | Concerned Police Station | Jamsar |
| 3. | District | Bikaner |
| 4. | Offences alleged in the FIR | Section 8/22 of the NDPS Act |
| 5. | Offences added, if any | Section 8/25 & 29 of the NDPS Act |
| 6. | Date of passing of impugned order | 28.08.2024 |
2. The concise facts of the case as alleged in the FIR are that the SHO PS Jamsar along with his team intercepted a Honda City Car bearing registration No.DL-3C-AK-4181 and upon search being made, petitioner alongwith one Avatar Singh were found sitting therein and 810 strips of 8100 Tramadol Hydrochloride 100 Mg SR Tablets were recovered from their possession. The weight of the medicinal drug was 2.430 Kg. His first bail application being SBCRLMB No.3405/2024 was dismissed as withdrawn by this Court vide order dated 24.04.2024 with liberty to renew the prayer for bail after recording the statement of Seizing Officer but he has not examined yet. Hence, the instant bail application.
3. It is contended
The court emphasized that the right to a speedy trial under Article 21 of the Constitution supersedes statutory restrictions on bail, allowing for the accused's release due to prolonged detention wit....
The right to a speedy trial under Article 21 of the Constitution takes precedence over statutory restrictions on bail, especially when the accused has been in custody for an unreasonable period.
The right to a speedy trial is a fundamental right under Article 21, and unreasonable delays in trial warrant the grant of bail.
The right to a speedy trial is a fundamental right under Article 21, which can override statutory restrictions on bail.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial can lead to bail being granted despite statutory restrictions.
The right to a speedy trial is a fundamental right under Article 21, which can override statutory restrictions on bail in certain circumstances.
The court established that fundamental rights can take precedence over statutory restrictions on bail in cases of procedural non-compliance.
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
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.
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