KISHAN LAL 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.108/2022 egistered at Police Station Badi Sadari, District Chittorgarh, for offence under Sec. 8/15 of the NDPS Act.

(2.) Learned counsel submitted that as per the prosecution, during naakabandi, on 26/4/2022, a team of Police Station Badi Sadri searched a car having registration No.RJ-27-CA-8605 which was being driven by the present petitioner and recovered contraband (poppy husk/straw) weighing 83 Kgs. The petitioner was arrested on the spot.

(3.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 26/4/2022. He further submitted that till date, out of total 32 cited prosecution witnesses, only 1 prosecution witness has been examined before competent Criminal Court. He further submitted that the delay in trial is not at all attributable to the petitioner. He submitted that the petitioner is in judicial custody since last three years and looking to the pace at which trial is being conducted against the present petitioner, the same is not likely to be concluded in near future. Learned counsel further submitted that the petitioner does not have any criminal antecedents.