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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Devi Lal S/o Laxman Lal Ahir – 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 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 | 162/2022 |
| 2. | Concerned Police Station | Gangrar |
| 3. | District | Chitorgarh |
| 4. | Offences alleged in the FIR | Section 8/15 NDPS Act |
| 5. | Offences added, if any | Section 8/29 of the NDPS Act |
| 6. | Date of passing of impugned order | 04.11.2023 |
2. The petitioner is behind the bars since 17.07.2022. Counsel for the petitioner has submitted certified copies of the order sheets of the trial Court which is reflecting non-appearance of the prosecution witnesses. An ordersheet dated 29.08.2024 revealing recording of three witnesses out of total 19 witnesses and whereafter, no witness has been examined till date. His first bail application being SBCRLMB No.3579/2024 decided on 01.04.2024 was dismissed as not pressed but a liberty was given to the petitioner to renew the prayer for bail after recording the statement of Seizing Officer. Now, he has been examined as P.W. 2 in the trial, hence, the instant bail application.
3. It is contended on behalf of the accus
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 improper conduct of search and seizure under relevant law invalidates the charges and warrants bail.
Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
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....
Mandatory provisions of the NDPS Act must be strictly followed; non-compliance can lead to quashing of proceedings, and the right to a speedy trial takes precedence over statutory bail restrictions.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
Procedural irregularities in search and seizure under the NDPS Act justify granting bail, emphasizing constitutional rights and necessity for compliance with statutory mandates.
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; non-compliance invalidates the recovery and affects the legality of proceedings.
The court emphasized that compliance with mandatory provisions under the NDPS Act is vital, and any breach renders the proceedings invalid, warranting bail at the pre-conviction stage.
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; failure to comply can lead to the invalidation of evidence and grant of bail.
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