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DEEPAK KUMAR AGARWAL
Navneet Jat – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This is the first bail application u/s.439 Cr.P.C filed by the applicant for grant of bail.
2. Applicant has been arrested on 12.6.2021 by Police Station, Noorabad, District Morena (MP), in connection with Crime No.130/2021 for the offence punishable under section 8/20 of the NDPS Act.
3. Ajay Vaishandar of Police Station Noorabad on 12.6.2021 at 10.34 AM got secret information that three persons in Maruti Ritz Car No. CG04 HD 5153 having cannabis in their possession are coming from Gwalior to Morena. He entered the information in the daily diary. After doing formalities as per the procedure of the NDPS Act he along with force reached the spot and waited near J.K.Tyre factory. One car was coming On seeing the police party, Driver of the Car tried to ran away, but any how they could be caught hold. Driver narrated his name as Nand Kishore, resident of Mathura, his neighbour narrated his name as Lakhanveer and the person sitting behind the seat narrated his name as Navneet Jat. All are residents of Mathura. During running away Lakhanveer got injuries. After giving them notice the car was checked. From the car 12 packets of cannabis (ganja) were found. From all 12 packets cann
The central legal point established in the judgment is the significance of substantial compliance with guidelines and the consequences of non-compliance on the prosecution's case under the NDPS Act.
Non-compliance with mandatory sampling procedures, as prescribed in the Standing Order, may invoke reasonable doubt and prejudice the accused, influencing the grant of bail.
Improper sample collection in drug cases violates mandatory guidelines, impacting the prosecution's case and justifying bail despite Section 37 restrictions.
Standing Orders cannot be flouted and in the absence of substantial compliance of the Standing Orders, adverse inference has to be drawn against the prosecution.
Improper evidence collection under NDPS Act can lead to bail eligibility despite serious charges, emphasizing adherence to statutory procedures and the right to personal liberty.
court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty.
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