HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
JAYPRAKASH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The jurisdiction of this court has been invoked by way of filing the instant applications under Section 439 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 117/2023 |
| 2. | Concerned Police Station | Sri Doongargarh |
| 3. | District | Bikaner |
| 4. | Offences alleged in the FIR | Section 8/15 & 25 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order (SBCRLM2ndB No.14892/2024) | 16.11.2024 |
| 6.A | Date of passing of impugned order (SBCRLM3rdB No.14893/2024) | 19.11.2024 |
2. The concise facts of the case as alleged in the FIR are that on 28.02.2023 Ashok Bishnoi, SHO, PS Sri Doongargarh, during nakabandi intercepted a Duster bearing registration No. RJ04 CA 8786 wherein two persons were found sitting out of which Jai Prakash was driving the vehicle and Sita Ram was sitting by his side. Upon search, 4 bags of poppy husk were recovered. The total weight of the recovered contraband on 78.82 kg. After seizure, the samples were taken and sent for the chemical examination, the accused were arrested and a case aforementioned got registered.
3. It is contended on behalf of the accused-petitioners that no
The court emphasized that proper sampling procedures must be followed in drug cases, and long incarceration can justify bail despite stringent conditions under the NDPS Act.
Improper sample collection in drug cases violates mandatory guidelines, impacting the prosecution's case and justifying bail despite Section 37 restrictions.
The court established that non-compliance with mandatory provisions of the NDPS Act can render evidence inadmissible, and that prolonged detention without trial can justify the grant of bail despite ....
Improper evidence collection under NDPS Act can lead to bail eligibility despite serious charges, emphasizing adherence to statutory procedures and the right to personal liberty.
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
All drugs shall be classified, carefully, weighed and sampled on spot of seizure.
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; failure to adhere to Section 52A can lead to the inadmissibility of evidence and impact bail decisions.
Point of law: It cannot be ascertained beyond reasonable doubt that the other bags also contained contraband on the basis of presumption.
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.
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