DINESH DARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This fourth application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.145/2020, registered at Police Station Desuri, District Pali, for the offences under Ss. 8/15, 25 and 29 of the NDPS Act.

(2.) As per the prosecution, on 5/11/2020, during nakabandi, a team of Police Station Desuri, flagged down a car bearing registration No.RJ-39-CA-4125. The driver of the car disclosed his name to be Dinesh. On search being made, different number plates were found in front and back side of the car and therefore, on being suspicious, further enquiry was made from the driver who disclosed that he is escorting another Kwid car which is loaded with poppy husk/straw and is coming from behind. At 10.15 pm., a Kwid Car having registration No.RJ-39-CA-2146 came from Charbhuja and when the same was flagged down, the driver tried to flee away. The driver of the said car disclosed his name to be Hadmana Ram. On search being made of the said car, the police team recovered contraband (poppy husk/straw) weighing 102 Kgs. The accused persons were arrested on the spot.

(3.) Learned counsel submitted that the petitioner is in custody since 5/11/2020. It was also submitted that trial against the petitioner has commenced but in last more than 3 years 6 months, out of total 17 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.