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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Raspal Kumar, S/o. Ramswarup Rajput – Appellant
Versus
Union Of India, Through Cbn – Respondent
| Table of Content |
|---|
| 1. details of application for bail. (Para 1) |
| 2. arguments for and against bail. (Para 2 , 3) |
| 3. consideration of bail and case status. (Para 4) |
| 4. grant of bail and terms. (Para 5) |
ORDER :
FARJAND ALI, J.
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C./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 | 12/2023 |
| 2 | Concerned Police Station | CBN Neemuch |
| 3 | District | Chittorgarh |
| 4 | Offences alleged in the FIR | Under Sections 8/15 of NDPS Act |
| 5 | Offences added, if any | Sections 25, 29 of NDPS Act |
| 6 | Date of passing of impugned order | - |
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargem
Delayed trials and jurisdictional flaws justify bail under NDPS Act, balancing statutory obligations with constitutional rights against prolonged detention.
Bail granted due to procedural irregularities in seizure and jurisdictional lack, emphasizing the importance of evidence integrity and precedent in similar cases.
Procedural irregularities during seizure and arrest undermine evidentiary integrity, warranting bail under the principles of personal liberty and procedural fairness.
Procedural lapses in seizure events invalidate evidence, reinforcing the need for proper jurisdiction and compliance with statutory requirements in narcotics 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.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
The court emphasized the necessity of adhering to procedural requirements in seizure and recovery to maintain the integrity of evidence, leading to the granting of bail due to significant doubts abou....
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.
Procedural irregularities in arrest and seizure undermine the legal validity of the prosecution case.
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