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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Jagdish @ Jagga S/o Bheru Lal Dangi – Appellant
Versus
State Of Rajasthan, Through PP. – Respondent
| Table of Content |
|---|
| 1. procedure for bail application and facts of arrest. (Para 1 , 2) |
| 2. arguments for bail based on lack of evidence. (Para 3 , 4) |
| 3. opposition to bail application by public prosecutor. (Para 5 , 6) |
| 4. consideration of legal compliance and implications. (Para 7) |
| 5. analysis of legal defects in evidence of prosecution. (Para 8 , 9 , 10) |
ORDER :
Kuldeep Mathur, J.
1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.64/2022 registered at Police Station Taranagar, District Churu, for offences under Sections 8/15 and 29 of the NDPS Act.
2. Learned counsel for the petitioner submitted that as per prosecution, the SHO of Police Station Taranagar, District Churu during the nakabandi at NH-52 Hadiyal intercepted a truck bearing registration No. PB-11-BA-7795. The police team led by SHO of Taranagar after following the due process of law conducted search of the offending vehicle and recovered the contraband (poppy husk/straw) weighing 141.5 kgs from five plastic bags. The driver of the offending vehicle namely Yashwant Kumar and co-passenger Arjun were arrested on the spot.
3. Learned counsel submit
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
The court emphasized the importance of adhering to procedural requirements in drug seizure cases, ruling that non-compliance can render evidence inadmissible and affect bail decisions.
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
Procedural compliance under the NDPS Act is crucial; failure to adhere to Section 52A can lead to the inadmissibility of evidence and impact bail decisions.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
The court ruled that searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention without trial.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
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.
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