SHRAWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in connection with FIR No. 01/2014 of Central Narcotics Bureau, Udaipur for the offence punishable under Ss. 8/18B, 8/25, 8/29 of NDPS Act. He has preferred this second bail application under Sec. 439 Cr.P.C. The first bail application was dismissed by this court on 9/1/2018.

(3.) Counsel for the petitioner submits that the applicant is in custody since 10/3/2014 and initially the prosecution cited six witnesses in all, thereafter, the two more witnesses were added and now three prosecution witnesses are yet to be examined before the trial court. It is argued that the trial is being delayed by the prosecution and he is languishing in jail without any fault on his part. Learned counsel further argued that there is no likelihood whatsoever that the trial would be concluded in near future. He, thus, urges that the applicant, who does not have any other case under the NDPS Act against him, deserves to be enlarged on bail on the ground of delay in conclusion of the trial. In support of his contention, learned counsel has placed reliance on the Supreme Court decision in the case of Thana Singh v. Central Bureau of Narcotics [(2013) 2 SCC 590], and decisions of this Court in S.B. Crl. Misc. II Bail Application No. 2392/2019 (Omaram @ Om Prakash v. state) wherein heavy quantity of 137 kg 300 gm opium was recovered and bail was granted by this Court on 6/5/2019, S.B. Crl. Misc. Bail Application No. 5606/2019 (Hanuman Ram v. state) wherein 137.300 kg poppy straw was recovered and bail was granted by this Court on 15/5/2019, S.B. Crl. Misc. Bail Application No. 9287/2017 (Kishan lal v. state) wherein 95 kg opium milk was recovered and bail was granted by this Court on 14/10/2017.