SHANKARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These applications for bail under Sec. 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.103/2020 registered at Police Station Sallopat, Banswara, for offence under Sec. 8/15 of the NDPS Act.

(2.) As per the prosecution, during nakabandi, team of Police Station Sallopat, District Banswara, on 11/8/2020, stopped Bolero vehicle having registration No.RJ-03-UA-2209 which was being driven by the petitioner Shankerlal and the petitioner Bharat Lal was sitting beside Shankerlal, from whose possession, nothing was recovered but on the vehicle being searched, contraband (poppy straw/husk) weighing 123 Kgs. was recovered and the petitioners were arrested on the spot.

(3.) Learned counsel representing the petitioners submitted that the petitioners are in custody since 11/8/2020. It was also submitted that trial against the petitioners has commenced but in last more than 3 years and 6 months, out of the total 19 cited prosecution witnesses, only 8 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 petitioners.