HUSSAIN 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 FIR No.304/2020, registered at Police Station Gangrar, District Chittorgarh for the offences under Ss. 8/15 and 25 of the NDPS Act. As per the prosecution, on 29/8/2020, during routine patrolling, team of Police Station Gangrar recovered contraband (poppy husk/straw) weighing 88 kgs., from a truck being plied by by the co-accused persons who were arrested on the spot. During investigation, the petitioner was arrested.

(2.) Learned counsel submitted that the petitioner is in custody since 9/9/2020. It was also submitted that trial against the petitioner has commenced but in last more than 3 years and 6 months, out of total 21 cited prosecution witnesses, only 5 witnesses 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 petitioner. Learned counsel submitted that in view of the fact that the petitioner is in custody for last more than 3 years and 6 months and the delay in trial is not attributable to him, he deserves to be enlarged on bail. 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:-

(3.) Learned Public Prosecutor, however, was not in position to refute the fact that in last 3 years and 6 months, out of total 21 cited prosecution witnesses, only 5 witnesses have been examined till date. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record. Hon'ble the Supreme Court in the case of Union of India Vs. K.A. Najeeb reported in (2021) 3 SCC 713, while dealing with the cases where fetters are placed on Court's power to grant bail and the trial has not been completed within a reasonable time, observed as under: