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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Anil S/o Shri Prabhulal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. facts surrounding drug possession arrests. (Para 2) |
| 2. arguments regarding necessity of bail and circumstances. (Para 3 , 4) |
| 3. court observations on legal compliance and implications for trial. (Para 6) |
ORDER :
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 334/2023 |
| 2. | Concerned Police Station | Dabok |
| 3. | District | Udaipur |
| 4. | Offences alleged in the FIR | Section 8/21 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order (SBCRLM2ndB No.10310/2025) | 03.07.2025 |
| 6.A | Date of passing of impugned order (SBCRLM3rdB No.8295/2025) | 23.04.2025 |
2.1. Drug Inspectors Kuldeep Singh and Neha Bansal were summoned to the spot. On inquiry, the persons sitting in the vehicle disclosed their names as Kanhaiya Lal, Kailash alias Harish, and Anil. In the presence of independent witnesses, a search of the vehicle was conducted, which resulted in the recovery of 13 cardboard cartons containing a total of 1259 bottles labeled as “Chlorpheniramine Maleate & Codeine Phosphate Syrup :MONOCOFF PLUS 100 ml.”
3. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. The petitioners are behind the bars s
In cases of prolonged detention pending trial, especially with procedural deficiencies, the personal liberty of the accused must be prioritized, warranting the granting of bail.
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 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 emphasized the importance of compliance with procedural safeguards in drug-related cases, ruling that non-compliance can render evidence inadmissible and affect bail decisions.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
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 in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
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.
Non-compliance with procedural requirements under the NDPS Act can undermine the prosecution's case and justify the grant of bail.
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