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SHREE PRAKASH SINGH
Virendra Gurjar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. Instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 59 of 2024, under section 307 of the I.P.C., section 3/25 of the Arms Act and section 8/20 of Narcotic Drugs and Psychotropic Substances Act, P.S.-Mant, District -Mathura.
2. As per prosecution version, the contraband substance, i.e. 50 K.G. and 200 grams of 'Ganja', is said to be recovered from the possession of the present applicant including one another co-accused.
3. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been planted by the police in the instant matter. He next added that 50 K.G. and 200 grams of 'Ganja' is said to be recovered from the possession of the present applicant and one another co-accused person. He submits that infact there is non compliance of the Section 52 A(2) of the N.D.P.S. Act readwith the Rules and he has taken a specific plea in paragraph 16 of the bail application, but the same has specifically not been denied.
4. H
Procedural non-compliance in evidence collection under the N.D.P.S. Act can vitiate the prosecution's case, warranting bail for the accused.
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 non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
The court emphasized the necessity of compliance with procedural safeguards under the NDPS Act for recovery operations, impacting the bail decision.
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
Procedural compliance under the NDPS Act is crucial; failure to adhere to Section 52A can lead to the inadmissibility of evidence and impact bail decisions.
The court established that procedural compliance under the NDPS Act is crucial for the admissibility of evidence, impacting the decision to grant bail.
Procedural compliance in the NDPS Act is crucial for the admissibility of evidence, impacting the court's discretion in granting bail.
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