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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE KULDEEP MATHUR, J
Nand Kishore, S/o Shri Meghraj – Appellant
Versus
Union Of India, CBN – Respondent
Order :
(KULDEEP MATHUR, J.)
1. These applications for bail under Section 483 of BNSS have been filed by the petitioners who have been arrested in connection with F.I.R. No.02/2024 registered at Police Station CBN Kota, District Kota for the offence under Section 8/15 & 29 of the NDPS Act.
2. Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners submitted that in the present case the entire search and seizure proceedings were conducted in utter violation of the provisions contained in Section 42(1) and (2) of the NDPS Act. Learned counsel further submitted that the co-accused Jagdish (S.B. Criminal Miscellaneous Bail Application No.10225/2024) has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 28.08.2024 solely on the ground of non-compliance of the provisions contained in Section 42(1) and (2) of the NDPS Act. Learned counsel submitted that since the co-accused Jagdish has been enlarged on bail on the ground of non-compliance of the mandatory procedure of search and seizure, the present petitioners also deserve to be enlarged on bail as the cas
The court emphasized that failure to comply with mandatory search and seizure procedures under the NDPS Act can lead to the granting of bail, especially when co-accused are similarly treated.
Compliance with mandatory procedures for search and seizure under the NDPS Act is essential; failure to adhere can render the seizure unlawful.
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
The court ruled that searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention without trial.
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.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
Non-compliance with mandatory provisions of the NDPS Act, specifically Section 42, vitiates the recovery of narcotics and affects the prosecution's case, allowing for 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....
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
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