PURSHOTTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.163/2020 Police Station Sameja Kothi, District Sriganganagar for the offences punishable under Ss. 8/22, 25 and 29 of the NDPS Act.

(2.) Learned counsel for the petitioner submits that upto this time only two prosecution witnesses out of eighteen have been cited in the witness list before the trial Court. 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:-

(3.) Hon'ble the Supreme Court in the case of Union of India Vs. K.A. Najeeb reported in (2021) 3 SCC 713, while dealing with the cases where fetters are placed on Court's power to grant bail and the trial has not been completed within a reasonable time, observed as under: