Procedural irregularities regarding jurisdiction and the seizure process undermine the integrity of the prosecution's case, warranting bail grant despite serious charges.

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 informed the independent witnesses about the impending operation, adhering to the protocol delineated in CBN Form-1, and secured their verbal consent prior to initiating the search. At approximately 1:15 PM, a suspicious silver Hyundai Creta bearing registration number RJ-06-CE- 5748, approaching from the Bigod direction, was intercepted. The vehicle was driven by the accused, Rajkumar, with co-accused Rajaram occupying the passenger seat.

2.2. Following a lawful and systematic search conducted in the presence of witnesses, three plastic sacks containing a cumulative quantity of five kilograms of contraband opium, inclusive of packaging materials, were seized. Consequent to the recovery, a formal prosecution complaint has been registered against the principal accused, Rajkumar, under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner’s initial bail application, registered as SBCRLMB No.14278/2024, was dismissed as withdrawn by this Court vide order dated 19.11.2024. The instant bail application has therefore been filed.

3. 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.

4. Contrary to the submissions of learned counsel for the petitioner, learned Special Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

5. I have considered the submissions made by the parties and have perused the material available on record.

6. The present matter involves a search and seizure operation undertaken by the Central Bureau of Narcotics, District Chittorgarh, Rajasthan, on the Bhilwara-Kota Highway near Sawai Pur-Kudi at around 12:30 PM. According to the prosecution, the CBN team, acting on confidential intelligence on 08.07.2023, recovered approximately five kilograms of opium in adherence to established investigative procedures. The petitioner was subsequently apprehended on charges of unlawful possession of narcotics.

6.1. However, the defense has vigorously contested the prosecution’s case, primarily raising the issue of jurisdictional competence. It is argued that the offence allegedly occurred on the Bhilwara-Kota Highway, yet the seizure report was registered in District Chittorgarh, with the charge-sheet filed before the Special Judge, NDPS Act Cases, Chittorgarh a forum lacking territorial jurisdiction over the incident.

6.2. The defense has also highlighted a procedural irregularity in the seizure process. Although the Recovery Memo indicates that the contraband was seized a