MAHAVEER PRASAD 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.149/2019 registered at Police Station Chhatargarh, District Bikaner, for offence under Sec. 8/22 of the NDPS Act.

(2.) Learned counsel submitted that as per the prosecution, on 25/8/2019, 22500 tablets of Tramadol (Trio-SR) were recovered from conscious possession of the present petitioner. The petitioner was arrested on the spot.

(3.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 25/8/2019. He further submitted that out of total 12 cited prosecution witnesses, not a single prosecution witness has been examined before competent Criminal Court. He further submitted that the delay in trial is not at all attributable to the petitioner. He submitted that the petitioner is in judicial custody for more than 4 years and 2 months and looking to the pace at which trial is being conducted against the present petitioner, the same is not likely to be concluded in near future.