ORDER :

1. The petitioner, who is under arrest for committing the offence under Sections 8/18 & 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’) in relation to the FIR No. 528/2011 registered at Police Station Nimbahera, District Chittorgarh has come before this Court under Section 439 of the Cr.P.C. seeking release on bail.

2. The first bail application submitted on behalf of the petitioner was dismissed by this Court on 21.06.2023 while trial against the petitioner was pending at the stage of framing of charges. The petitioner has not produced any document revealing that the charges against him have been framed or the trial has been commenced in relation to him. Therefore, without there being any change of progress of trial, this second bail application has been moved.

3. It is alleged against the petitioner that on 02.09.2011, petitioner along with Nirbhaya Singh and Ravi Kumar was apprehended by the police during a barricading at about 11.00 p.m. near Jaliya Check-post in the jurisdiction of Police Station Kotwali-Nimbahera, District Chittorgarh. On search of a car being driven by the petitioner, total 68.500 Kgs. of opium and 200 gms. of smack wa