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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Mangi Lal Keer S/o Nand Lal Keer @ Nandakeer – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. bail application procedural facts (Para 1 , 2) |
| 2. arguments for and against bail (Para 3 , 4) |
| 3. analysis of search and seizure under ndps act (Para 5 , 6 , 7) |
| 4. legal standards for search and seizure validity (Para 8 , 9) |
| 5. conclusion on bail grant principles (Para 10 , 11 , 12 , 13) |
ORDER :
1. The jurisdiction of this court has been invoked by way of filing the instant 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 | 697/2022 |
| 2. | Concerned Police Station | Sangariya |
| 3. | District | Hanumangarh |
| 4. | Offences alleged in the FIR | Section 8/15 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 27.05.2025 |
2. The concise facts of the case as alleged in the FIR are that on 26.11.2022, Shri Shailesh Chandra, SI, SHO Sangariya, Hanumangarh intercepted a Truck being driven by the petitioner and during search, 822 Kg poppy husk got recovered from the said vehicle. After search and seizure, an FIR got registered and petitioner was arrested and since then he is behind the bars. Now, around two years have lapsed, hence, the instant bail appl
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.
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.
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 compliance with the statutory procedure and the stringent provisions of the NDPS Act are crucial in determining the admissibility of evidence and granting bail, despite the quantity of contrab....
Procedural irregularities in search and seizure under the NDPS Act justify granting bail, emphasizing constitutional rights and necessity for compliance with statutory mandates.
The improper conduct of search and seizure under relevant law invalidates the charges and warrants bail.
Only authorized officers can conduct searches and seizures under the NDPS Act; non-compliance with statutory procedures warrants bail.
The mandatory compliance with procedural safeguards in the NDPS Act is crucial for a valid recovery; failure to adhere to these provisions undermines the prosecution's case and warrants bail under fu....
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 established that strict adherence to procedural safeguards under the NDPS Act is essential, particularly regarding informing individuals of their rights during searches.
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