AJIT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These second applications for bail under Sec. 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.25/2020 registered at Police Station Sadar Nimbaheda, District Chittorgarh, for offences under Ss. 8/18 and 25 of the NDPS Act.

(2.) As per the prosecution, on 31/1/2020, acting on a secret information provided by Vijay Kumar, S.I. A.T.S. Unit, Udaipur to Phoolchand, SHO, Sadar Nimbahera, nakabandi was conducted at Ahirpura Border and at about 09.30 am., truck having registration No.PB-11-AT-9924 was stopped. The truck driver disclosed his name to be Ajit Singh and the helper disclosed his name to be Jani. On searching the truck, contraband (opium) weighing 4 Kgs. 400 Gms. was recovered. They were arrested on the spot.

(3.) Learned counsel for the petitioners submitted that the petitioners are in custody since 31/1/2020. Learned counsel further submitted that trial against the petitioners has commenced but in last more than 3 years and 7 months, out of total 18 cited prosecution witnesses, only 9 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 petitioners.