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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Shamboolal, S/o Sitaram Dhakad – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
(FARJAND ALI, J.)
1. The jurisdiction of this Court has been invoked by way of filing an application(s) 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 | 245/2023 |
| 2. | Concerned Police Station | Begun |
| 3. | District | Chittorgarh |
| 4. | Offences alleged in the FIR | Section 8/15 of the NDPS Act |
| 5. | Offences added, if any | Section 8/29 of the NDPS Act |
| 6. | Date of passing of impugned order (SBCRLM2ndB No.4076/2025) | 05.02.2025 |
| 6. | Date of passing of impugned order (SBCRLM2ndB No.349/2025) | 29.11.2024 |
2. The concise facts of the case as alleged in the FIR are that on 09.09.2023 Sub Inspector Devendra Kumar along with his team intercepted a XUV-500 Car bearing registration No.HR26BP7804, upon suspicion interrogated the persons sitting therein whereupon they disclosed their names as Babu Khan and Vinod Guwaria and during search seven bags of poppy husk (total 131 Kg in weight) got recovered. After search and seizure they were arrested; a case as stated above under the NDPS Act has been registered against them. During their custody, on the basis of confessional statement, the petitioner Shamboo Lal has been
Bail is the rule at the pre-conviction stage, and denial should be exceptional, especially when evidence is insufficient and the accused's rights are at stake.
At the pre-conviction stage, bail is the rule, and mere confessions without corroborative evidence are insufficient for conviction.
The court established that a mere confession by a co-accused, without corroborative evidence or recovery, is insufficient to deny bail, and that the interpretation of Section 37 of the NDPS Act must ....
Confessions of co-accused require corroborative evidence to be admissible; without it, bail may be granted.
Bail is a rule at the pre-conviction stage, and denial should be an exception, especially when evidence against the accused is lacking.
Procedural irregularities in the seizure of evidence under the NDPS Act can lead to the grant of bail, emphasizing the presumption of innocence and the right to a speedy trial.
Non-compliance with mandatory provisions of the NDPS Act regarding authorized officers conducting searches renders the recovery illegal, prioritizing the fundamental right to a speedy trial over stat....
The court held that without corroborative evidence, a confession by a co-accused alone is insufficient to justify detention, affirming the necessity for substantive proof in criminal allegations.
The court emphasized strict adherence to statutory provisions in drug-related cases, ruling that unauthorized search and seizure render proceedings illegal, thus justifying bail.
The court established that the right to a speedy trial and personal liberty under Article 21 of the Constitution can override the statutory restrictions on bail under the NDPS Act, particularly when ....
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