ORDER :

Farjand Ali, J.

The present bail application has been filed on behalf of the petitioner under Section 439 Cr.P.C. for the alleged offences punishable under Sections 8 /18, 8/25 and 8/29 of NDPS Act in connection with FIR No. 01/2020 registered at Police Station Narcotics Control Bureau (NCB), Office of Deputy Commissioner Narcotics, Kota.

2. Learned Public Prosecutor opposed the bail application.

3. Heard learned counsel for the petitioner as well as learned counsel for the Central Bureau of Narcotics (CBN), Shri T.P. Sharma and perused the order impugned and the other material available on record, particularly, the allegations levelled in the supplementary complaint dated 06.06.2022.

4. It is revealing that the team of CBN on 23.01.2020 intercepted a vehicle truck bearing registration No.RJ-19-GB2942. Upon search being made, it is alleged that a total of 18 Kilogram of opium was recovered from a secret chamber made in the body of truck. As per the allegations, the truck was being driven by one Prem Prakash S/o Bhiya Ram Bishnoi and the conductor was Bhupendra Singh @ Jalam Singh. A case under Section 8 /18(B) of the NDPS Act got registered and both the accused Prem Prakash and Bhupendra Singh were arrested. It is stated that during the course of the investigation, the aforementioned accused disclosed the name of one Rakesh S/o Kalu Ram Jat being the person, who facilitated the crime. On 14.06.2020, the said Rakesh S/o Kalu Ram Jat was apprehended and was thoroughly interrogated. It is further stated that during the course of the investigation, the aforementioned accused Rakesh had disclosed the fact to the Investigating Agency that the recovered contraband was procured to him by some persons, in which, one of the names was of the present petitioner Shrawan Pandit. On the basis of the information supplied and the statement recorded under Section 67 of the NDPS Act, the present applicant was arraigned as an accused and subsequently thereby got arrested. The investigation is further revealing that the petitioner was already in custody in one other case in Sikar Jail (Raj.) wherefrom he was brought through a production warrant. As a matter of fact, he is behind the bars since 02.12.2021. The investigation with regard to the present petitioner is completed but still the charges have not been framed. Vide order dated 03.03.2023, a co-ordinate Bench of this Court has granted bail to the accused Rakesh in S.B. Criminal Miscellaneous III Bail Application No.11790/2022. The relevant portion is reproduced herein below:

"3. It is informed by wife of the petitioner that after rejection of the second bail application on 26.10.2021, a SLP was preferred before the Supreme Court and Supreme Court vide order dated 17.01.2022 granted liberty to the petitioner to apply for bail after arrest of the co-accused Jai Ram. Jai Ram was arrested on 08.07.2022. It is contended that date of incident asper the FIR is 23.01.2020. A period of more than three years has lapsed, still charges have not been framed. It is also contended that the only allegation against the petitioner is that from his mobile, a call was made to Prem Prakash-the main accused in this case. It is the case of the petitioner that his mobile was taken by Jai Ram to make a call and he has nothing to do with the contraband and no contraband as such has been recovered at his instance.

4. Learned Public Prosecutor has opposed the third bail application.

5. No one has put in appearance on behalf of NCB- respondent No.2.

6. I have considered the contentions.

7. Taking note of the fact that petitioner has remained in custody for a period of more than three years and still charges have not been framed, also taking note of the fact that there is no recovery of any contraband from the petitioner and co-accused Jai Ram has been arrested, also taking note of the fact that in the other case that was registered against the petitioner, he has been granted bail and in that case also while granting bail