GANESH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner, who is in custody in connection with F.I.R. No.82/2010, Police Station Hathunia, Dist. Pratapgarh for the offences under Sections 8/15 N.D.P.S.Act.

(2.) The matter at hand reveals yet another sorry state of affairs inasmuch as the accused petitioner before this Court is in custody since 3.9.2010 and till date, the prosecution evidence has not been completed at the trial. Recovery of poppy straw weighing 217 kgs. was effected by the S.H.O., P.S. Hathunia from the possession of the present petitioner on 3.9.2010 and an F.I.R. No. 82/2010 was registered at the police station in pursuance thereof. Charge -sheet was filed and thereafter the trial commenced. A total of 26 witnesses have been cited by the prosecution in support of its case with the majority of witnesses being police officers. A report dated 24.11.2015 has been received from the Court of the learned Spl. Judge, N.D.P.S. Act Cases Pratapgarh as per which, till date, out of the 26 cited witnesses only 15 have been examined.

(3.) The S.P. Pratapgarh was directed on the previous date to appear in the Court personally and to explain the reason for the delay in the production of the witnesses before the trial court. Today Mr. Kalu Ram, S.P. Pratapgarh is present in the Court. He states that only one witness was examined for the first three years of the trial after charge was framed against the accused (on 2.4.2015) but thereafter during the last year, 14 witnesses have been examined and earnest efforts are being made to produce and get examined the witnesses before the trial court. The report sent by the P.O. of the trial court reflects that the witnesses are being repeatedly summoned but the prosecution agency is repeatedly faltering to produce and examine the witnesses in the Court.