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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUDESH BANSAL
Kamal Dhakar, S/o. Ashok Dhakar – Appellant
Versus
Union of India – Respondent
Order :
SUDESH BANSAL, J.
1. Heard counsel for petitioner as well as learned Special Public Prosecutor appearing for CBN and perused the material available on record.
2. Instant bail application has been filed by petitioner under Section 483 of BNSS in connection with FIR No. 36/2023/CBN/NMH, Deputy Narcotics Commissioner, Neemach (Madhya Pradesh) for offence under Section 8 /18(b) of NDPS Act.
3. Counsel for petitioner pointed out that petitioner alongwith other persons, namely, Sanwarmal and Kamal Dhakar, were intercepted on 19.08.2023 and from their bike, 4.100 Kgs. Opium was recovered and on the same date, i.e., 19.08.2023, all three accused were arrested. It has been pointed out that after investigation, charge-sheet has been filed and till date, trial has not been concluded. It has been pointed out that the Coordinate Bench of this Court, after considering the procedural and legal lapses in conducting the seizure procedure of contraband, nearly 111 Kms away from the actual place of recovery and taking into consideration the order dated 21.10.2024 passed in case of Dharmendra Singh Vs. Union of India through CBN ; SB Criminal Misc. Third Bail Application No.13299/2024, vide a d
Procedural lapses in seizure events invalidate evidence, reinforcing the need for proper jurisdiction and compliance with statutory requirements in narcotics cases.
Procedural irregularities regarding jurisdiction and the seizure process undermine the integrity of the prosecution's case, warranting bail grant despite serious charges.
Bail granted due to procedural irregularities in seizure and jurisdictional lack, emphasizing the importance of evidence integrity and precedent in similar cases.
The court ruled that jurisdiction for drug-related offences is determined by the location of the offence and emphasized strict compliance with procedural norms during seizure operations.
Delayed trials and jurisdictional flaws justify bail under NDPS Act, balancing statutory obligations with constitutional rights against prolonged detention.
Procedural irregularities during seizure and arrest undermine evidentiary integrity, warranting bail under the principles of personal liberty and procedural fairness.
The integrity of seizure and recovery procedures is crucial in drug-related cases, and non-compliance with statutory requirements can lead to the granting of bail despite serious charges.
Procedural irregularities in arrest and seizure undermine the legal validity of the prosecution case.
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