GURMAIL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.125/2020 registered at Police Station Kesarisinghpur, District Sri Ganganagar, for offences under Ss. 8/15, 22 and 29 of the NDPS Act. As per the prosecution, team of Police Station Kesarisinghpur, District Sri Ganganagar, on 17/6/2020, recovered 6250 tablets of Trio-SR Tramadol Hydrochloride weighing 2.480 Kgs. and contraband (poppy husk/straw) weighing 12 Kgs. from conscious possession of the present petitioner. He was arrested on the spot.

(2.) Learned counsel submitted that the petitioner is in custody since 17/6/2020. It was also submitted that trial against the petitioner has commenced but in last more than 3 years and 6 months, out of total 23 cited prosecution witnesses, only 10 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. Learned counsel submitted that in view of the fact that the petitioner is in custody for last more than 3 years and 6 months and the delay in trial is not attributable to him, he deserves to be enlarged on bail. In support of his contentions, learned counsel placed reliance on the order dtd. 13/7/2023 passed by Hon'ble the Supreme Court in the case of Rabi Prakash vs. The State of Odisha (Special Leave to Appeal (Crl.) No.4169/2023), wherein Hon'ble the Supreme Court held as under:-

(3.) Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that petitioner is facing trial for the offences under the NDPS Act and, therefore, the present bail application deserves to be rejected straightway. Learned Public Prosecutor, however, was not in position to refute the fact that in last 3 years and 6 months, out of total 23 cited prosecution witnesses, only 10 witnesses have been examined till date. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.