HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Poona Ram, S/o Ganpat Ram – 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 the instant second bail 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 | 437/2023 |
| 2. | Concerned Police Station | Pilibanga |
| 3. | District | Hanumangarh |
| 4. | Offences alleged in the FIR | Section 8/15 & 25 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 03.02.2024 |
2. The first bail application being SBCRLMB No.2240/2024 was dismissed as not pressed by this Court vide order dated 16.05.2024 but a liberty was afforded to the petitioner to renew the prayer for bail after recording the statement of Seizure Officer. Now, She has been examined in the trial as P.W. 2. Hence, the instant bail application.
3. Brief Facts of the case are that on 24.06.2023 at approximately 7:40 p.m. at the non-inhabited colony Laxmi Plaza Rohi Dulmana, on the road from Pilibanga to Hanumangarh, Ms.Rajandeep Kaur, Sub-Inspector, Acting SHO, Police Station Pilibanga intercepted a Truck No.RJ19 GG-1335 and recovered 215 kg of poppy husk from 10 black plastic bags, each containing 20 kg. and
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....
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.
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 searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention without trial.
The improper conduct of search and seizure under relevant law invalidates the charges and warrants bail.
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 strict adherence to statutory provisions in drug-related cases, ruling that unauthorized search and seizure render proceedings illegal, thus justifying bail.
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.
Non-compliance of mandatory provisions of NDPS Act has to be dealt with a strict hand.
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