KESHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This third application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.109/2020 registered at Police Station Bassi, District Chittorgarh, for offence under Sec. 8/18 of the NDPS Act.

(2.) As per the prosecution, on 1/10/2020, acting upon a secret information, a police team of Police Station Bassi stopped a motorcycle having registration No.RJ-09-SH-9811 which was being driven by the co-accused Gopal and the petitioner Keshuram, who was the pillion rider, was holding a plastic sack. The co-accused Pintu was escorting the above motorcycle through his motorcycle having registration No.MP-44-SH-2140. On search being made of the plastic sack, the team recovered contraband (opium) weighing 29 Kgs. 850 Gms. from 11 pouches lying in the plastic sack. They were arrested on the spot.

(3.) Learned counsel submitted that the petitioner is in custody since 2/10/2020. It was also submitted that trial against the petitioner has commenced but in last more than 3 years and 7 months, out of total 25 cited prosecution witnesses, only 2 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.