MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present fifth application for bail has been filed under Section 439 Cr.P.C., 1973 on behalf of the petitioner, who is in custody in connection with F.I.R. No. 255/2011, Police Station Taranagar, Churu, for the offence under Section 8/15 of the NDPS Act.

(2.) The petitioner Mahendra Singh is suffering incarceration in this case since 1.8.2011. As per the proceeding-sheets placed on record, the last prosecution witness was examined at the trial on 17.10.2014. Thereafter, not a single witness cited by the prosecution from the list of witnesses, which constitutes mostly of Police Officers, has appeared before the trial Court for giving evidence. This Court is deeply pained and constrained to observe that time and again, the State Authorities have proposed action plans for ensuring that the trials of the cases are not delayed owing to non-appearance of the Police witnesses for giving evidence. It appears that the assurances, which have been given to the Court are just nothing but hollow promises.

(3.) Dr. P.S. Bhati, learned Additional Advocate General, who appears on behalf of the State has moved an application for exemption from personal appearance of the Director General of Police and states that the appropriate action has already been directed against the concerned official(s) of the Police Department, who did not appear for giving evidence before the trial Court. However, a pertinent query was put to Dr.Bhati as to whether action has been taken against the highest ranked officials including the Superintendent of Police, Churu, who is supposed to take stock of the pending cases in his District in the quarterly meetings. The Officer In-charge Shri Nirmal Sharma, Dy.S.P. Rajgarh states that status of all the cases pending in the District is checked in the quarterly meetings but no action was taken as regards the present case in any of the quarterly meetings from the month of November 2014 onwards. Dr.Bhati assures this Court that appropriate action shall be instituted against all responsible officials including the senior officers of Police Department and report thereof will be submitted to this Court on the next date.