The right to liberty is fundamental, and bail may be granted despite statutory restrictions when circumstances justify it, emphasizing the importance of timely trials.

Order :

1. The jurisdiction of this court has been invoked by way of filing the instant application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. The previous application being S.B. Criminal Misc. Bail Application No.11588/2023 came to be dismissed as not pressed by this Court vide order dated 05.07.2024. Hence, the instant bail application.

3. The brief facts of the case are that on 24.03.2022, officials of the Narcotics Control Bureau (NCB), Jodhpur Unit, acting on a tip- off, intercepted a Renault Duster car bearing registration number RJ-14-CQ-9853 at the Jhilwada RSRDC Check Post on the way to Desuri Naal. Upon inspection, two individuals were found in the vehicle, identified as the driver, Narain, and Dhanna Giri, who was seated in the cleaner’s seat. A search of the vehicle led to the recovery of 3 kg 0.25g of opium concealed in a plastic carry bag, for which the accused failed to produce a valid permit or license. Consequently, an FIR was registered at NCB Jodhpur Unit Police Station, District Jodhpur, under Sections 8/18, 8/25, and 8/29 of the NDPS Act. The petitioner was arrested, and a charge sheet was subsequently filed before the court, where the case is currently pending at the stage of charge framing before the learned Additional Sessions Judge, Desuri, District Pali. The petitioner had previously moved a bail application, which was dismissed as not pressed by this Court vide order dated 05.07.2024. The present bail application is now being filed on fresh grounds.

4. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- petitioner and he has been made an accused based on conjectures and surmises. He further submits that the accused was taken into custody on 10.03.2022 and since then he is behind the bars. Now, more than three years have elapsed but the trial is not going to be culminated and still it seems that a further long time shall be taken in conclusion of the same, thus, he may be enlarged on bail.

5. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

6. I have heard and considered the submissions made by both the parties and perused the challan papers and the other material available on record.

7. Though the second bail application of the petitioner was rejected by this Court vide order dated 05.07.2024 passed in SBCRLMB No.11588/2023 but the petitioner has filed instant third bail application because out of total 9 witnesses, 3 witnesses have been examined in the trial till date. Perusal of the record revealing that the petitioner is behind the bar in this case for more than two years. At the time of search and seizure 3 KG .025 grams opium came to be recovered from the alleged vehicle which was being driven by the petitioner. The plea with regard to total non-compliance provisions of the NDPS Act as well as the NDPS (Seizure, Storage, Sampling & Disposal) Rules 2022 made thereunder has been raised and thus argued that the recovery vitiates on this count alone since the chemical examiner report will not be sufficient to prove recovery of contraband from the possession of the petitioner and prima facie, this Court feels that the plea has a substance and is appreciable but since the trial is still pending, therefore, I wouldn’t like to give definite and final opinion in this regard as the same may influence the course of trial,