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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Bharat S/o Bhagga Lal – Appellant
Versus
CBN, Pratapgarh – Respondent
| Table of Content |
|---|
| 1. factual basis of the narcotics case. (Para 2) |
| 2. arguments regarding bail application. (Para 3 , 4) |
| 3. court's analysis on jurisdiction and procedural adherence. (Para 5 , 6) |
| 4. bail granted based on procedural defects. (Para 7) |
ORDER :
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:
2. The salient and coherent facts of the prosecution case are as follows: On 09.12.2024, acting upon credible information received from a confidential informant, a preventive squad of the Central Bureau of Narcotics (CBN), Pratapgarh, proceeded to the Gangrar Toll Plaza situated on the Chittorgarh-Bhilwara Road and established a checkpoint for interception. During the course of the blockade, in accordance with the intelligence received, a Splendor motorcycle bearing two occupants was observed approaching.
2.1. Upon signaling to stop, both individuals aboard attempted to evade capture. The preventive team, however, apprehended them. When questioned by Devendrapal Singh, a member of the squad, the individuals identified
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.
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.
Procedural lapses in seizure events invalidate evidence, reinforcing the need for proper jurisdiction and compliance with statutory requirements in narcotics cases.
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 court ruled that jurisdiction must align with the location of the crime, emphasizing the importance of proper legal procedure in bail applications.
Procedural irregularities in arrest and seizure undermine the legal validity of the prosecution case.
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.
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