LAWS(RAJ)-2023-12-8

KHETSINGH Vs. STATE OF RAJASTHAN

Decided On December 11, 2023
Khetsingh Appellant
V/S
STATE OF RAJASTHAN Respondents

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.527/2019 registered at Police Station Gulabpura, District Bhilwara for offence under Sec. 8/15 of the NDPS Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel for the petitioner submits that the petitioner who is behind the bars since 30/12/2019 is entitled to be enlarged on bail on the ground of prolonged trial. Learned counsel submitted that as per the prosecution contraband (poppy husk) weighing 160 kgs was recovered from the conscious possession of the present petitioner. In support of his contentions, learned counsel placed reliance on the order dtd. 13/7/2023 passed by Hon'ble the Supreme

(3.) 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:-