Balwant Ram v. State of Rajasthan
Case brief
What is this about?
The High Court rejected a bail application under Section 439 CrPC involving charges under the NDPS Act. The court held that substantial compliance existed regarding chemical examination timelines and deemed it premature to decide on Section 50 compliance before trial completion, citing the limited scope of bail under Section 37 NDPS Act.
What did the court decide?
Bail application preferred under Section 439 Cr.P.C. is rejected.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5862/2019
Balwant Ram S/o Suraram, Aged About 53 Years, By Caste Bishnoi, Resident Of Sediya, Sanchore, Ps Karda, District Jalore (At Present Lodged In Sub Jail Bhinmal)
----Petitioner
Versus
State Of Rajasthan, Through Pp
| ----Respondent | ||
|---|---|---|
| For Petitioner(s) | : Mr Nishant Bora Mr Arpit |
|
| For Respondent(s) | : Mr S.K.Bhati - PP |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
08/07/2019
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
Issues for consideration
2 issues framed by the court
Whether violation of 72-hour chemical examination requirement vitiates proceedings under NDPS Act ignoring substantial compliance.
Whether failure to conduct search in presence of Magistrate or Gazetted Officer vitiliates proceedings under Section 50 NDPS Act.
Parties & counsel
- petitioner
Balwant Ram S/o Suraram
- respondent
State Of Rajasthan
Coram
VIJAY BISHNOI
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CRLMB/5862/2019
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