GURJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.69/2020, registered at Police Station Pilibanga, District Hanumangarh, for offence under Sec. 8/22 of the NDPS Act. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.

(2.) As per the prosecution, psychotropic substance (Alprazolam Tablet IP 0.5Mg tablets) weighing 176.40 gram was recovered from the conscious possession of the petitioner on 29/2/2020. He was arrested on the spot. Learned counsel for the petitioner submitted that the petitioner is in custody since 29/2/2020. It was also submitted that trial against the petitioner has commenced but in last more than 3 years, 9 months and 14 days, out of total 09 cited prosecution witnesses, only 2 prosecution witnesses have been examined till date. Learned counsel submitted that the delay in trial before the competent criminal court is not at all attributable to the present petitioner.

(3.) Drawing attention of the Court towards the order sheets of the competent criminal court, learned counsel for the petitioner submitted that the delay in trial is not attributable to the petitioner and no unnecessary adjournments have been taken by the defense before the competent criminal court. Thus, the petitioner deserves to be enlarged on bail on the ground of prolonged trial. Learned counsel submitted that an accused of NDPS Act is entitle to claim bail on the basis of principles enunciated by the Hon'ble Supreme Court of India in the case of Rabi Prakash vs. The State of Odisha (Special Leave to Appeal (Crl.) No.4169/2023) and in the case of Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023, wherein it has been held that if the delay in trial is caused and attributed to prosecution and / or in case prosecution witnesses are not turning up for their evidence in the witness box, the benefit of bail may be extended to the petitioner.