Procedural irregularities during seizure and arrest undermine evidentiary integrity, warranting bail under the principles of personal liberty and procedural fairness.

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:

2. The brief factual matrix of the case reveals that on 05.07.2023, upon receiving credible information from an informant, Inspector Pankaj Kumar of the Central Bureau of Narcotics, Kota, constituted a preventive team to conduct a search operation. Acting on the said information, Sub-Inspector Anandpal, accompanied by the preventive team, proceeded to the residential premises of the petitioner-accused Kishore Kumar, situated at House No. 19, Rajput Mohalla, Pahadi Dalan, Semarda. Upon knocking at the door, a person emerged from the premises, who, upon inquiry, disclosed his identity as Kishore Kumar, the present petitioner-accused.

2.1. A search of the accused’s residence was carried out by Sub- Inspector Anandpal, during which, in the store room located beneath the staircase on the right side of the house, and adjacent to the wall outside, several gunny bags were found stacked. Upon inspection, these bags were found to contain doda chura (poppy husk). For security and procedural purposes, the recovered material was transported to the Central Narcotics Office, Pratapgarh, by a pickup vehicle. On counting, a total of 29 gunny bags filled with doda chura were found, weighing 607 kilograms (including the sacks).

2.2. Consequently, necessary proceedings were undertaken, and the petitioner-accused Kishore Kumar was arrested on 05.07.2023 for offences under Section 8 /15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Upon completion of investigation, finding sufficient evidence, a charge sheet was filed against him. Formal charges under /15(c) of the NDPS Act were framed, and the case is presently pending trial at the stage of prosecution evidence. The petitioner’s 4^th bail application, registered as SBCRLMB No.1802/2025, was dismissed as by this Court vide order dated 25.07.2025. 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. Upon consideration of the record and the rival submissions, the following observations emerge:

6.1 It transpires from the material on record that the present case emanates from a search and seizure operation undertaken by the officers of the Central Bureau of Narcotics, District Kota, pursuant to credible intelligence received by Inspector Pankaj Kumar. Acting upon the said information, a preventive team was duly constituted, and Sub-Inspector Anandpal, accompanied by the said team, proceeded to the residential premises of the petitioner-accused Kishore Kumar, situated at House No. 19, Rajput Mohall