BHAVESH 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 F.I.R. No. 152/2019 registered at Police Station Rohat, Distt Pali, for offence under Sec. 8/15, 8/25 and 8/29 of the NDPS Act.

(2.) Learned Counsel for the petitioner submitted that the petitioner is in custody since 3/6/2019. The allegation against the petitioner is that he was transporting contraband (Poppy Husk) weighing 151.65 kg. Learned Counsel further submitted that the petitioner does not have any criminal antecedent of similar nature. It was further submitted that as per the charge-sheet filed by the investigating agency, as many as 32 prosecution witnesses are to be examined, however, out of which only eight prosecution witnesses have been examined before the Trial Court till date.

(3.) 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:-