HARI RAM 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.202/2021 registered at Police Station Sadar Sri Ganganagar, District Sri Ganganagar, for offences under Ss. 8/15, 8/29 and 8/25 of the NDPS Act.

(2.) Learned counsel submitted that as per the prosecution, acting on a secret information received during routine patrolling, on 1/7/2021, a team of Police Station Sadar Sri Ganganagar made a search of white coloured car bearing registration No.RJ-10-CA-3490, wherein two persons were found sitting. On being asked, the driver disclosed his name to be Hari Singh (present petitioner) and the person sitting besides disclosed his name to be Sudhir Kumar. On search being made, contraband (poppy husk/straw) weighing 70 Kgs. was recovered from four sacks lying in the vehicle. The petitioner and co-accused were 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 1/7/2021. He further submitted that out of total 14 cited prosecution witnesses, only 4 prosecution witnesses have 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 more than 2 years 10 months 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.