TOFAN SUDARSHAN SHAHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the CR. No.11210030220011 of 2022 registered with Mahdharpura Police Station, Surat, for offences punishable under Sec. Sec. 8(C), 20(B)II(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS') .

(2.) Learned advocate Mr. Arjunsingh B.Chauhan appearing for the applicant has submitted that the present successive bail prayer is moved primarily on the ground that the applicant is in jail since long and the matter could not progress. He further stated that taking into consideration the docket of the concerned Court, it is unlikely that the matter could be taken up for recording of the evidence of the witnesses.

(3.) Learned advocate for the applicant, on the last adjournment, had referred to the computer status and had submitted that the matter had been adjourned for about 78 times, though the status shows that it is posted for the evidence of the prosecution side. Learned advocate Mr. Chauhan submitted that yet not a single witness has been examined. He has also referred to the judgments of the Supreme Court, which are as under;