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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Pukhraj S/o. Babu Lal – Appellant
Versus
State of Rajasthan, Through Public Prosecutor – Respondent
ORDER :
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 | 325/2023 |
| 2. | Concerned Police Station | Pindwara |
| 3. | District | Sirohi |
| 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 | 10.03.2025 |
2. The first and second bail applications being SBCRLMB Nos.2343/2024 & 13296/2024 were dismissed by this Court vide orders dated 01.05.2024 & 21.10.2024 while dismissing the earlier bail application, a liberty was afforded to the petitioner to renew the prayer for bail after recording the statement of Investigating Officer. Now, he has been examined in the trial as P.W. 3. Hence, the instant bail application.
3. Brief Facts of the case are that on 08.10.2023 Shri Raju Singh, SHO Pindwara along with his team intercepted a Swift Car bearing registration No.RJ27-CL0029. Upon inquiry, the driver of the vehicle disclosed his name as Pukhraj and during search, seven plastic bags containing 87 poppy husk from the dickey and rear s
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.
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Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
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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.
The court established that strict adherence to procedural safeguards under the NDPS Act is essential, particularly regarding informing individuals of their rights during searches.
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.
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