JAGTARSINGH 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.304/2020 registered at Police Station Gangrar, District Chittorgarh, for offences under Ss. 8/15 and 25 of NDPS Act.

(2.) As per the prosecution, on 29/8/2020, during routine patrolling, team of Police Station Gangrar recovered contraband (poppy husk/straw) weighing 88 Kgs. from the trailer having registration No.PB-29-J-9817 which was being driven by coaccused Gurvinder Singh and the present petitioner was helper. They were arrested on the spot.

(3.) Learned counsel submitted that the petitioner is in custody since 29/8/2020. It was also submitted that trial against the petitioner has commenced but in last more than 3 years and 8 months, out of total 21 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. Learned counsel further submitted that co-accused Gurvinder Singh (S.B. Cr. Misc. 2nd Bail Application No. 14525/2023) has already been enlarged on bail by this Court, vide order dated 14525/2023).