PREM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under section 439 of the Code of Criminal Procedure has been filed by the accused petitioner Prem Singh in relation to Special Sessions Case No. 152/2003 pending in the court of Special Judge (Sessions Judge) N.D.P.S. Act Cases, Bharatpur for the offence under section 8/21 of the N.D.P.S. Act.

(2.) Heard learned counsel for accused petitioner, learned Public Prosecutor for the State and perused the material placed during the course of arguments.

(3.) It was inter alia contended that case against the accused petitioner is only of recovery of 2 gm. smack which is small quantity prescribed under the N.D.P.S. Act and maximum six months punishment is provided for such offence. It was also contended that on account of going outside for earning livelihood the accused petitioner could not come on 23.7.2004 and thereafter he was arrested and he is languishing in jail since 6.6.2005 and about two years have since elapsed. It was further contended that the trial is still pending and the accused petitioner shall not commit any such mistake in future.