DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant second bail application under Section 439 Cr.P.C. is filed by the petitioner, who is in custody in relation to FIR No. 73/2013 of Police Station Raniwara, District Jalore, for offence under Section 8/18 of the NDPS Act.

(2.) As per prosecution case, 27 kg opium milk was recovered from two gunny bags during search and seizure of Jeep No. 3403, wherein petitioner was occupying the driver seat and another incumbent Ghewa Ram was sitting by his side. The petitioner was apprehended then and there on 07.04.2013 on the spot.

(3.) Learned counsel, Mr. V.R. Bishnoi has argued that since arrest of the petitioner more than four and half years have elapsed and there is no possibility of conclusion of the trial in near future. It is argued by learned counsel that the prosecution has cited 22 witnesses and so far only 11 witnesses have been examined which is sufficient to show that trial is proceeding at snail's pace. It is in that background, learned counsel has craved for releasing him on bail solely on the ground of inordinate delay in conclusion of the trial. In support of his contention, learned counsel has placed reliance on a decision of Supreme Court in Thana Singh v. CBN, reported in (2013) 2 SCC 590.