VIJAY RAJPUT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for bail under Sec. 483 of BNSS (439 of Cr.P.C.) has been filed by the petitioner who has been arrested in the present matter. The requisite details of the matter are tabulated herein below:

(2.) It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. Learned counsel submits that petitioner has no previous criminal antecedents of the NDPS act and there is no reliable material available on record to connect the petitioner with the alleged offence.

(3.) Learned counsel for the petitioner submits that as per the order-sheets of the learned trial Court out of 15 witnesses only 6 prosecution witnesses have been examined till date. He further submits that the delay in not at all attributable to the present petitioner. It is contended on behalf of the accused-petitioner that no case of alleged offence is made out against the petitioner and he is in custody since 25/7/2022 (3 years, 3 months and 16 days as on today) and looking to the pace at which trial is being conducted against the present petitioner, the same is not likely to be conducted in the near future. While it's true that, there is a fetter under Sec. 37 of the NDPS Act regarding grant of bail to an accused having illegal possession of commercial quantity of contraband but a fundamental right of speedy trial to him cannot be permitted to be flouted.