DHANRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application under Sec. 439 Cr.P.C. has been filed on behalf of the petitioner who is in custody in connection with FIR No.155/2018 registered at Police Station Asnawar, District Jhalawar for offence under Sec. 8/15 of the NDPS Act.

(2.) As per the prosecution case, on 17/9/2018 at 12:12 PM, Islam Ali, SHO Police Station Asnawar along with other police personnel left the police station and reached Dungargaon Ghati, NH-52 at 12:30 PM, where for the purpose of checking, Nakabandi was made by them. It is stated that at about 01:15 PM, a truck (trailer) No. RJ 07 GA 7841 came there from Aklera side. The driver of the said truck was signaled to stop for checking purpose on which, the driver stopped the truck. There were two persons sitting in the cabin. The driver disclosed his name as Dhanraj. In search of the truck, total 9 white colour plastic bags were found in which total 199 Kgs of contraband opium dodachura was kept. The person sitting on the cleaner seat (Khalasi) somehow succeeded in fleeing away from the spot and ran away toward the nearby Jungle. As per prosecution case, samples were taken out from the sacks. The driver Dhanraj, petitioner herein was taken into custody in connection with the alleged recovery and on reaching police station, formal FIR No.155/2018 was registered and investigation was commenced. After completion of investigation, charge-sheet was filed. The accused petitioner is thus, facing trial before the court of learned Special Judge, NDPS Cases, Jhalawar and out of total 14 cited witnesses, only eight witnesses have been examined so far.

(3.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He is in custody since 17/9/2018 and as such, till date, he has suffered incarceration of nearly four years and nine months. He further submits that period of custody is always relevant consideration for grant of bail. He further submits that only eight witnesses have been examined out of 14 cited witnesses. There are bleak chances of culmination of trial in near future. Learned counsel further submits that there is no criminal antecedents of similar nature. He further submits that co-accused Mohanlal has already been granted bail by this Court from whom, the accused petitioner has alleged to have purchased the contraband. Learned counsel for the petitioner has relied upon the following judgments passed by Hon'ble Apex Court as well as of this Court:-