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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Dinesh @ Dinesh Ram S/o Gopal Ram – Appellant
Versus
State Of Rajasthan – Respondent
Order :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing the instant bail 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 | 125/2023 |
| 2 | Concerned Police Station | Sadar |
| 3. | District | Hanumangarh |
| 4. | Offences alleged in the FIR | Section 8/15 & 25 of the NDPS Act |
| 5. | Offences added, if any | Section 8/29 of the NDPS Act |
| 6. | Date of passing of impugned order (SBCRLM3rd BNo.15611/2024) | 18.10.2024 |
| 6.A | Date of passing of impugned order (SBCRLM3rd BNo.14758/2024) | 16.11.2024 |
2. The concise facts of the case as alleged in the FIR are that the Gagandeep @ Guggu and Mangi Lal came to be arrested in this case for around two years in connection with recovery of 100 Kg poppy husk (in five bags) from the dickey of an unnumbered Hundai Car. The first & second bail applications being SBCRLMB No.13717/2024 & 6385/2024 (Dinesh Ram) were dismissed by this Court vide orders dated 24.01.2024 & 30.07.2024 and SBCRLMB Nos.10668/2023 & 14385/2023 (Mangi Lal) were dismissed by this Court vide orders dated 04.10.2023 & 24.01.2024. While rejecting the earlier bail applications thi
The court prioritized the right to a speedy trial over statutory restrictions on bail, emphasizing that personal liberty should not be compromised by prolonged incarceration without trial.
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.
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.
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 ....
The court emphasized that personal liberty must be prioritized over statutory restrictions in granting bail, especially when there are violations of mandatory provisions.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
The court established that procedural non-compliance in drug seizure cases can justify bail, prioritizing individual liberty over statutory restrictions.
Bail is a rule at the pre-conviction stage, and denial should be an exception, especially when evidence against the accused is lacking.
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, which can override statutory restrictions on bail in certain circumstances.
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