LEKHRAJ Vs. UNION OF INDIA

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.VIII(IO)18/NCB/JZU/2020 registered at Police Station N.C.B., Jodhpur, for offences under Ss. 8/22, 25 and 29 of NDPS Act.

(2.) As per the prosecution, on 28/10/2020, acting upon a secret information, the officials of N.C.B. Jodhpur reached Asop village where they flagged down and stopped a white coloured i20 car having registration No.RJ-21-CB-6190 wherein two persons were sitting who disclosed their names to be Bhanwarlal and Lekhraj (present petitioner). On search being made, the team of NCB recovered contraband (opium) weighing 7.960 Kgs. They were arrested on the spot.

(3.) Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that petitioner is facing trial for the offences under the NDPS Act and, therefore, the present bail application deserves to be rejected straightway. Learned Public Prosecutor, however, was not in position to refute the fact that in last 3 years and 6 months, out of total 11 cited prosecution witnesses, only 4 witnesses have been examined till date.