OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in judicial custody in connection with FIR No.94/2018 registered at Police Station Jaswantpura, District Jalore for the offences punishable under Sec. 8/15 and 25 of the NDPS Act.

(2.) The first bail application was dismissed as not pressed by this Court vide order dtd. 26/9/2023 with liberty to file a fresh bail application after recording the statement of Seizure Officer. Learned counsel for the petitioner submits that Seizure Officer has been examined as PW.3 before the trial Court. The vehicle in this case has been seized from an abandoned place and one dongle has been recovered which belongs to one Manohar Lal.

(3.) Manohar Lal gave the statement that this dongle has been taken by the present petitioner, so the petitioner has been implicated int his case on the basis of recovery of the dongle. Counsel submits that petitioner is behind the bars for more than two years and six months and up to this time only 4 prosecution witness have been examined out of total 25 prosecution witnesses. In support of his contentions, learned counsel placed reliance on the recent 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:-