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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Anwar Khan S/o Fuse Khan – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. case background and details of the fir. (Para 1) |
| 2. arguments from both prosecution and defense regarding bail. (Para 3 , 4) |
| 3. court's emphasis on the right to a fair and speedy trial. (Para 6 , 8 , 9) |
| 4. final order granting bail. (Para 10) |
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 | 281/2023 |
| 2. | Concerned Police Station | Pindwara |
| 3. | District | Sirohi |
| 4. | Offences alleged in the FIR | Sections 8 /15, 25 & 29 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 18.10.2024 |
2. The concise facts of the case are that as per the First Information Report, on 26.08.2023 at 11:30 A.M., a pink-coloured car (RJ19-GD- 6834) with tarpaulin-covered truck (GJ09 BF-0719) proceeding at high speed from Udaipur was intercepted. On being stopped, the occupants of the vehicles appeared visibly nervous. Shortly thereafter, the driver of a truck slowed down, identifying himself as Safi Khan, whereupon other occupants of both vehicles attempted to abscond.
2.1. O
The mere proximity of vehicles does not establish criminal liability without corroborated evidence linking occupants to the crime; bail should be favored pre-conviction to uphold the presumption of i....
Bail is a rule at the pre-conviction stage, and denial should be an exception, especially when evidence against the accused is lacking.
The court prioritized the right to a speedy trial over statutory restrictions on bail, emphasizing that personal liberty should not be compromised by prolonged incarceration without trial.
Procedural irregularities in the seizure of evidence under the NDPS Act can lead to the grant of bail, emphasizing the presumption of innocence and the right to a speedy trial.
The absence of direct evidence against the accused and lack of criminal antecedents justified the granting of bail under the NDPS Act.
The court established that non-compliance with mandatory provisions of the NDPS Act, particularly regarding the sampling process, can render the prosecution's case weak and justify the grant of bail,....
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