SHUBHAM 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 F.I.R. No.146/2021 registered at Police Station Shambhupura, District Chittorgarh, for offences under Ss. 8/15 and 8/29 of the NDPS Act.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner submitted that the contraband (poppy husk/straw) weighing 65 Kgs and 600 Gms was recovered from the abovenamed swift desire (car) vehicle on 28/8/2021. Learned counsel submitted that as per prosecution bearing No.MP 04 CE 5355 the co-accused Jeevan and Rahul had fled away from the place of incident. Learned counsel further submitted that the co-accused persons namely Jeevan and Rahul have already been enlarged on bail by this Court vide orders dtd. 30/5/2023 and 19/5/2023. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.