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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Farjand Ali
Vikash S/o Fusaram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. establishment of jurisdiction for bail application. (Para 1 , 2) |
| 2. arguments presented by both parties regarding the bail application. (Para 3) |
| 3. court observations on the compliance of procedural laws. (Para 4 , 5) |
| 4. court's decision to grant bail based on lack of compliance and fundamental rights. (Para 6 , 7 , 8) |
ORDER :
1. The jurisdiction of this Court has been invoked by way of filing application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
2. The concise fact of the case is that on 11.09.2023, Aswhok Kumar SHO PS Gumanpura alongwith his team during nakabandi intercepted a Bolero Camper No.RJ19 GH7398, which was driven Vilkas. During search, in all ten plastic sacks of poppy husk got recovered. The total weight of these sacks was 122.7 Kg. After usual process, a case under Section 8 /15 & 25 was registered, the petitioner was arrested. His first and second bail applications being SBCRLMB No.9923/2024 and 16118/2024 were dismissed by this Court vide orders dated 28.08.2024 & 20.01.2025. Hence the instant bail application.
3. Contrary to the submissions of learned counsel for the
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....
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....
Procedural irregularities in search and seizure under the NDPS Act justify granting bail, emphasizing constitutional rights and necessity for compliance with statutory mandates.
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.
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.
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.
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,....
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....
The court emphasized strict adherence to statutory provisions in drug-related cases, ruling that unauthorized search and seizure render proceedings illegal, thus justifying bail.
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