Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MR. JUSTICE ANIL KUMAR UPMAN, J
Dheeraj Singh Parmar S/o Basant Singh Parmar – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
1. The instant bail application under Section 483 BNSS has been filed on behalf of the petitioner who is in custody in connection with FIR No.276/2024 registered at Police Station Mansarovar Jaipur for offence under Section 8/22 of the NDPS Act .
2. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in this case. It is also contended that the petitioner has nothing to do with the alleged recovery of contraband. Compliance of provisions of Sections 42 & 50 of the NDPS Act has also not been done in the instant case.
3. He contends that as per the prosecution case, MDA weighing 24.75 grams was recovered from the petitioner while as per the FSL report dated 11.09.2024, methamphetamine was found in the sample packet (Mark X), sent to the FSL for analysis. He argues that the commercial quantity of MDA is 10 Grams whereas with respect to Methamphetamine, it is 50 Grams. As per the FSL report, methamphetamine was found in the sample packet and thus, the recovery of substance which is weighing 24.75 Grams, allegedly effected from the petitioner is below commercial quantity. The petitioner has been arrested on 18.03.2024 and since then, he is in
The court emphasized the necessity of timely FSL reports in NDPS cases, ruling that delays can unjustly prolong custody and affect the rights of the accused.
The court held that possession of a substance below the commercial quantity threshold justifies granting bail, especially when no prior cases exist against the applicant.
The court established that procedural compliance is crucial in drug-related cases, and significant lapses can warrant bail despite statutory restrictions.
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 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.
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 in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
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.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
