SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No.122/2020 of Police Station Padukallan, District Nagaur for the offence punishable under Sec. 8/15 of NDPS Act. He has preferred this second bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that first bail application of the petitioner was rejected by this Court on 11/2/2021. It is also submitted that as per the prosecution story, the petitioner was apprehended while transporting narcotic contraband poppy straw weighing 288.230 kgs. illegally on 4/7/2020 and till date he is in custody. It is also submitted that as per the charge-sheet, the prosecution is required to examine total 15 witnesses, however, out of which only 1 has been examined till 11/5/2023. It is also submitted that the trial of the case will take time and the delay in trial cannot be attributed to the petitioner.