ANGREJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) An important question of substantial importance has been raised in this bail application. The question is: Whether on the ground of delay, an accused facing trial for an offence punishable under the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') can claim his released on bail under section 437/439, Criminal Procedure Code, 1973 read with Sec. 37 of the NDPS Act.

(2.) In brief, the facts of the present case are that opium weighing 10.8 kgs. was recovered on 23-11-1991 which was concealed in the door panels of a Maruti Car when it was checked by the officials of the Central Narcotics Department. The petitioner and his younger brother Paramjeet Singh were sitting in the Car at the time of recovery. Their statements were also recorded by the officials of the Narcotics Department in which they admitted their conscious possession.

(3.) A case under section 8/18 of NDPS Act was registered at the Police Station-Central Narcotics Bureau, Kota. After usual investigation, a charge-sheet was submitted against the accused persons. The case was then, committed for trial and is now pending in the court of Additional Sessions Judge, Bundi.