Non-Compliance with NDPS Act Leads to Bail: Rajasthan High Court Stresses ‘Life and Liberty'”
In a landmark decision, the Rajasthan High Court, presided over by Hon’ble Mr. Justice Farjand Ali, granted bail to Ashok @ Mulla Ram, who was in custody for an offence under Section 8/21 of the NDPS Act. The court cited non-compliance with the NDPS Act and emphasized the constitutional importance of personal liberty.
“The life and liberty of an individual is so sacrosanct that it cannot be allowed to be interfered with except under the authority of law,” Justice Farjand Ali observed, referring to Article 21 of the Indian Constitution. [Para 18]
Background
Ashok @ Mulla Ram had filed a second bail application under Section 439 Cr.P.C., after his first application was rejected. The renewal was made possible after the recording of statements from the Investigating Officer and other witnesses.
Legal Controversies
The counsel for the petitioner argued that the seizing officer was not authorized to conduct the search and seizure under the NDPS Act, as he was not posted as the Station House Officer (SHO) at the time. “It is imperative upon the courts to be cautious while adjudicating such matters where seizure is concerned under the NDPS Act,” the court noted. [Para 3, 17]
Prosecution’s Stand
The Public Prosecutor opposed the bail application, emphasizing that the case involves the recovery of 100 bottles of Moncof cough syrup and that the impediments under Section 37 of the NDPS Act are applicable.
Court’s Decision
The court, considering the non-compliance with the NDPS Act and the constitutional importance of personal liberty, granted bail to the petitioner. “This court is of the opinion that it is a fit case for grant of bail to the accused petitioner,” Justice Farjand Ali stated in the judgment. [Para 19-20]
Referred Cases
The judgment cited several cases, including Vijaysinh Chandubha Jadeja Vs. State of Gujarat, Roy V.D. Vs. State of Kerala, and Bherulal Vs. State of Rajasthan, to substantiate its observations and decision.
The decision is being seen as a significant precedent, emphasizing the need for strict compliance with legal procedures and the upholding of constitutional rights.
Date of Decision – 19/08/2023
Ashok @ Mulla Ram vs State Of Rajasthan,
