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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Pappulal S/o Devilal Jat, Aged About 41 Years, R/o Fatehpura – Appellant
Versus
Union Of India, Through Cbn – Respondent
| Table of Content |
|---|
| 1. application and procedural details for bail application. (Para 1 , 2) |
| 2. arguments for and against the bail application. (Para 3 , 4) |
| 3. court observations on jurisdiction and procedural integrity. (Para 5 , 6) |
| 4. the ratio decidendi regarding jurisdictional issues outlined. (Para 8) |
| 5. final decision and conditions for bail granted. (Para 9) |
Order :
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C./483 of BNSS 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 | 29/2023. |
| 2. | Concerned Police Station | CBN Neemach |
| 3. | District | Chittorgarh |
| 4. | Offences alleged in the FIR | Section 8/18 and 25 of NDPS Act. |
2. The first and second bail applications being SBCRLMB No. 2739/2024 and SBCRLMB No. 9069/2024 of the petitioners have been dismissed as not pressed by this Court vide orders dated 16.05.2024 and 27.09.2024 respectively. While deciding the earlier bail application, liberty was granted to renew the prayer after change of any circumstances favouring his cause.
3. It is contended on behalf of the accused-petitioner that no case for the allege
Procedural irregularities in arrest and seizure undermine the legal validity of the prosecution case.
Delayed trials and jurisdictional flaws justify bail under NDPS Act, balancing statutory obligations with constitutional rights against prolonged detention.
Bail granted due to procedural irregularities in seizure and jurisdictional lack, emphasizing the importance of evidence integrity and precedent in similar cases.
Procedural irregularities regarding jurisdiction and the seizure process undermine the integrity of the prosecution's case, warranting bail grant despite serious charges.
The court emphasized the necessity of adhering to procedural requirements in seizure and recovery to maintain the integrity of evidence, leading to the granting of bail due to significant doubts abou....
Procedural lapses in seizure events invalidate evidence, reinforcing the need for proper jurisdiction and compliance with statutory requirements in narcotics cases.
The court ruled that jurisdiction for drug-related offences is determined by the location of the offence and emphasized strict compliance with procedural norms during seizure operations.
The integrity of seizure and recovery procedures is crucial in drug-related cases, and non-compliance with statutory requirements can lead to the granting of bail despite serious charges.
Procedural irregularities during seizure and arrest undermine evidentiary integrity, warranting bail under the principles of personal liberty and procedural fairness.
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