PHOOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is facing trial under Sec. 8/18 of N.D.P.S. Act, which is pending in the Court of Sessions Judge, Ajmer. As per prosecution case, on May 20, 1989, Maruti Car bearing registration NO. PA1 5266 was searched on Ajmer-Kota-Ncemuch Road, and contraband opium weighing 70.100 Kgs. was recovered which was concealed behind the flap-boards of the four gates of the vehicle. The petitioner was one of the occupants in that car.

(2.) I need not go into the facts of the case in detail, as the earlier application filed by the petitioner was rejected by me on 23.11.1991 in which all the facts have been given. The said application was dismissed on merits.

(3.) The only ground urged by the learned counsel for the petitioner is that the petitioner is behind the bars for the last 3 years and the trial has not been completed as yet. The learned counsel has read over the order-sheet of the last six months of the Trial Court. A perusal of the same reveals that the prosecution witnesses are not coming for evidence. The contention of the learned counsel for the petitioner is that of the prosecution is not keen to complete the trial within a reasonable time, then the petitioner should not be kept behind the bars for an indefinite period.