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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Kishore Kumar, S/o. Rameshwar – Appellant
Versus
Union Of India, Through Cbn – Respondent
| Table of Content |
|---|
| 1. overview of case details and charges (Para 1 , 2) |
| 2. petitioner argues innocence and lack of grounds for detention (Para 3 , 4) |
| 3. court examines evidential and procedural issues in seizure (Para 5 , 6) |
| 4. court references procedural lapses and previous rulings impacting the case (Para 7) |
| 5. bail granted based on procedural concerns and length of custody (Para 8 , 9) |
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:
| S.No. | Particulars of the Case | |
|---|---|---|
| 1 | Crime/Complaint Number | 8/2023 |
| 2 | Concerned Police Station | CBN, Kota |
| 3 | District | Kota |
| 4 | Offences alleged in the Complaint | Section 8/18 of NDPS Act |
| 5 | Offences added, if any | - |
| 6 | Date of passing of impugned order | 08.10.2024 |
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,
Procedural irregularities during seizure and arrest undermine evidentiary integrity, warranting bail under the principles of personal liberty and procedural fairness.
Bail granted due to procedural irregularities in seizure and jurisdictional lack, emphasizing the importance of evidence integrity and precedent in similar cases.
Delayed trials and jurisdictional flaws justify bail under NDPS Act, balancing statutory obligations with constitutional rights against prolonged detention.
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.
Procedural lapses in seizure events invalidate evidence, reinforcing the need for proper jurisdiction and compliance with statutory requirements in narcotics cases.
The court ruled that jurisdiction must align with the location of the crime, emphasizing the importance of proper legal procedure in bail applications.
The court established that non-compliance with mandatory provisions of the NDPS Act, particularly regarding seizure and sampling, can create reasonable doubt about the prosecution's case, warranting ....
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
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