HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Chandra Singh, S/o. Shri Malam Singh – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
ORDER :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing an application under Section 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 | 59/2024 |
| 2 | Concerned Police Station | Pugal |
| 3 | District | Bikaner |
| 4 | Offences alleged in the FIR | Sections 8/15, 25 & 29 of the NDPS Act |
| 5 | Offences added, if any | - |
| 6 | Date of passing of impugned order | 07.05.2024 |
2. The essential and germane facts of the present case, as emerging from the record, are that on 28.03.2024, during the course of a naka-bandi operation conducted near the Dantaur Road bypass culvert, Sri Dharmendra Singh, the Station House Officer, Police Station Pugal, District Bikaner, intercepted a Scorpio vehicle bearing registration number RJ07-UB1045, which was under the conscious possession of the accused persons Chandra Singh and Gani Khan.
2.1. Upon conducting a search of the vehicle, a total of nine gunny bags were recovered from the middle seat area, which upon inspection were found to contain approximately 155 kilograms of doda post chhilka (poppy husk), a prohibited narcotic substance under the Narcotic Drugs and Psycho
Procedural irregularities during the investigation and seizure of narcotics can warrant bail, reflecting the presumption of innocence.
Procedural lapses in the seizure and sampling of contraband under the NDPS Act compromise evidential credibility, justifying the grant of bail to the accused.
Strict adherence to statutory procedures is essential in drug-related offenses, and the failure thereof can undermine prosecution's case and infringe upon personal liberty.
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.
Procedural compliance in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
Non-compliance with procedural requirements under the NDPS Act can undermine the prosecution's case and justify the grant of bail.
Procedural irregularities in the seizure of evidence under the NDPS Act can lead to the grant of bail, emphasizing the presumption of innocence and the right to a speedy trial.
Procedural irregularities in search and seizure under the NDPS Act justify granting bail, emphasizing constitutional rights and necessity for compliance with statutory mandates.
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.
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