JUDGMENT :

VINIT KUMAR MATHUR, J.:— The present third bail application has been filed under Section 439 Cr. P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 102/2017, Police Station Desuri, District Pali for the offence under Sections 8 /15, 25 & 29 of NDPS Act.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

3. Learned counsel for the petitioner submits that the second bail application of the petitioner was dismissed by this court vide order dated 05.07.2022 with a direction to the learned trial court to expedite the trial proceedings and conclude the same at the earliest. The present third bail application has been filed on the ground that despite the directions having been issued by this court, the trial is not being proceeded and concluded. Learned counsel for the petitioner further submits that the petitioner has suffered incarceration for more than five and a half years. He submits that despite the directions having been issued by this Court, the trial is proceeding at a snail's pace and out of 24 witnesses, only 9 witnesses have been examined so far. Learned counsel has placed on record order sheets of the trial court to show, that the trial is not being delayed at the hands of the petitioner but the same is being delayed because of the non-appearance of the prosecution witnesses. Learned counsel has placed on record order sheets of the trial court to contend that a close reading of the same will show that the witnesses who are mostly police officials despite having been summoned by the trial court from time to time, failed to appear for tendering their evidence before the trial court. The counsel for the petitioner relies upon a judgment of three Judges bench of Hon'ble the Supreme Court rendered in the case of Union of India v. K.A. Najeeb , (2021) 3 SCC 713 and the judgment of Hon'ble Apex Court in the case of Muslim @ Hussain v. State , (NICT of Delhi) decided on 28.03.2023 . Learned counsel further submits that casual approach of the police officials in not appearing before the trial court for their examination is hampering the trial proceedings resulting into delay in deciding the case of the petitioner for which he has to suffer the incarceration.

4. The counsel further relies upon the judgment of Hon'ble Supreme Court in the case of Tapan Das v. Union of India , (Special Leave to Appeal Crl. No. 5617/2021) decided on 07.10.2021 and order of coordinate bench of this court passed in S.B. Criminal Second Bail Application No. 2392/2019 Oma Ram @ Om Prakash v. State , decided on 06.05.2019 and the observations made by this court in S.B. Criminal Misc. 3rd Bail Application No. 15198/2021 Manjeet Singh v. State of Rajasthan, decided on 07.12.2021 . Therefore, it is prayed that the petitioner may be enlarged on bail.

5. Learned Public Prosecutor has filed a reply to the present bail application. He submits that on account of pandemic of COVID-19 in the country, the witnesses who are police officials could not appear before the trial court for their examination. Learned Public Prosecutor is not in position to dispute the fact that the petitioner has suffered the incarceration for more than five and half years and the orders passed by this court for expediting the trial proceedings.

6. I have considered the submissions made at the bar and gone through the relevant documents of the case.

7. The petitioner is facing the trial for an offence under NDPS Act and has suffered the incarceration for more than five and a half years. It is a fact that learned trial court has summoned the witnesses from time to time for their examination before the trial court. It is worth noticing here that mostly the summoned witnesses are police officials serving in the State of Rajasthan and their non appearance before the trial court clearly shows defiance and disrespect towards orders of the trial court. The fact that the country was