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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Rajkumar S/o Ladu Lal Jat – Appellant
Versus
CBN, CBN through Special P.P. – Respondent
| Table of Content |
|---|
| 1. factual background regarding case details. (Para 1 , 2) |
| 2. arguments presented by both parties on bail. (Para 3 , 4) |
| 3. court's observations on search, seizure, and jurisdiction. (Para 5 , 6) |
| 4. principles on jurisdiction and proper procedure for seizure. (Para 7) |
| 5. conclusion allowing bail for the accused-petitioner. (Para 8) |
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 brief factual matrix of the case reveals that on 08.07.2023, pursuant to reliable and actionable intelligence regarding the illicit possession and trafficking of opium, Shri T.M. Kathed, Superintendent (Preventive), Central Bureau of Narcotics (CBN), Chittorgarh, constituted a specialized preventive squad. This contingent, led by Sub-Inspector Shakeel Ahmad Khan, along with other CBN officials and independent witnesses, strategically positioned themselves at the Bhilwara-Kota highway near Sawai Pur-Kudi at approximately 12:30 PM with the objective of intercepting the suspected contraband.
2.1. The team duly inform
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.
Procedural lapses in seizure events invalidate evidence, reinforcing the need for proper jurisdiction and compliance with statutory requirements in narcotics cases.
Procedural irregularities during seizure and arrest undermine evidentiary integrity, warranting bail under the principles of personal liberty and procedural fairness.
Procedural irregularities in arrest and seizure undermine the legal validity of the prosecution case.
Delayed trials and jurisdictional flaws justify bail under NDPS Act, balancing statutory obligations with constitutional rights against prolonged detention.
The court ruled that jurisdiction must align with the location of the crime, emphasizing the importance of proper legal procedure in bail applications.
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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