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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Farjand Ali
Leeladhar @ Anil S/o Shri Dhanna Ram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. jurisdiction invoked for bail application. (Para 1 , 2) |
| 2. defense claims lack of substantial evidence. (Para 3 , 4) |
| 3. violation of procedural safeguards noted. (Para 5) |
| 4. non-compliance with statutory sampling rules. (Para 6 , 7 , 8) |
| 5. delay in trial impacts bail consideration. (Para 9) |
| 6. bail considerations must respect personal liberty. (Para 10) |
| 7. bail is a rule; denial is the exception. (Para 11 , 12) |
| 8. bail granted with conditions. (Para 13) |
ORDER :
Farjand Ali, J.
1. The jurisdiction of this court has been invoked by way of filing an application under Section 483 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 | 439/2023 |
| 2. | Concerned Police Station | Sadar Ganganagar |
| 3. | District | Ganganagar |
| 4. | Offences alleged in the FIR | Section 8/22 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 08.08.2025 |
2. The concise facts of the case as alleged in the FIR are that On 23.08.2023, at around 5:40 PM, Sub-Inspector Sunil Kumar, SHO of Police Station Sadar, Sri Ganganagar, intercepted a grey Swift Dzire (DL9CAK 4582) parked on National Highway 62. The occupant, Lil
Procedural lapses in the seizure and sampling of contraband under the NDPS Act compromise evidential credibility, justifying the grant of bail to the accused.
Procedural irregularities during the investigation and seizure of narcotics can warrant bail, reflecting the presumption of innocence.
The court established that procedural compliance is crucial in drug-related cases, and significant lapses can warrant bail despite statutory restrictions.
Procedural compliance in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
Procedural irregularities in search and seizure under the NDPS Act justify granting bail, emphasizing constitutional rights and necessity for compliance with statutory mandates.
Procedural compliance under the NDPS Act is crucial; failure to adhere to sampling and inventory requirements can undermine the prosecution's case and justify bail.
The court established that fundamental rights can take precedence over statutory restrictions on bail in cases of procedural non-compliance.
Non-compliance with procedural requirements under the NDPS Act can undermine the prosecution's case and justify the grant of bail.
The court established that procedural non-compliance in drug seizure cases can justify bail, prioritizing individual liberty over statutory restrictions.
Strict adherence to statutory procedures is essential in drug-related offenses, and the failure thereof can undermine prosecution's case and infringe upon personal liberty.
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