DINESH CHANDRA Vs. STATE

JUDGEMENT

(1.) These two bail applications under Section 439 CrPC have been preferred by the petitioners (1) Chandrapal Singh S/o Dashrath Singh and (2) Dinesh Chandra S/o Balaram, who are in custody in connection with the F.I.R. No.35/2015 registered at the Police Station Chapar, District Churu for the offences under Sections 8/15, 25 and 29 of the NDPS Act.

(2.) Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

(3.) The petitioners herein are in custody in the case at hand from 28.05.2015. Recovery of 44 quintals of poppy straw was effected from the container, of which petitioner Chandrapal Singh was the driver and petitioner Dinesh Chandra was the Khalasi. The petitioners seek bail primarily on the ground that they are in custody for the last more than 6 years, but the trial of the case has not proceeded expeditiously as only 4 out of 18 witnesses cited by the prosecution have been examined till date. Learned counsel Mr. Charan has filed the order-sheets of the trial court as well as the challan papers on record. He vehemently and fervently urges that the trial of this case has moved at a snail's pace. On numerous occasions, the case was adjourned because the accused were not produced in the court from jail. On number of dates of hearing, the witnesses cited by the prosecution, who are police officials, did not appear in the court despite service of process and the trial court has been compelled to issue warrant of arrest against the official witnesses. He, thus, urges that the petitioners, who are incarcerated in this case for last more than 6 years, deserve indulgence of bail.