MAHESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail petition filed under section 439 of Cr. P. C. by mr. Vijay Singh Shekhawat Advocate on behalf of the applicant Mahesh Kumar pertaining to FIR no. 43/2008 of Police Station Mandawa in the offence under section 8/15 of N. D. P. S. Act.

(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record.

(3.) RECOVERY of 3. 500 kgms of Doda Post chura is alleged to have been made from the possession of the petitioner. Learned counsel for the petitioner has contended that the quantity of recovered Doda Post Chura is ofcourse, more than small quantity but much less than commercial quantity as prescribed in the schedule appended to the Act. The petitioner has been in custody since 10. 4. 2008 and the case is pending trial. During a period of one and half years, only two witnesses have been examined. Seventeen dates of hearing were granted by the learned trial court for recording the statements of the witnesses but on these dates, none of the witnesses appeared. Hence, the petitioner may be granted indulgence of bail.