Judgment

04/09/2024 The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.184/2021 registered at Police Station Sadulsahar, District Sri Ganganagar for the offences punishable under Section 8/15 & 25 of the NDPS Act.

Learned counsel for the petitioner submits that the petitioner is inside the jail since 12.08.2021 and up to this time, out of 24 prosecution witnesses, only 8 prosecution witnesses have been examined before the trial court.

In support of his contentions, learned counsel placed reliance on the recent order dated 13.07.2023 passed by Hon’ble the Supreme Court in the case of Rabi Prakash vs. The State of Odisha (Special Leave to Appeal (Crl.) No.4169/2023), wherein Hon’ble the Supreme Court held as under:-

“3. We are informed that the trial has commenced but only 1 out of the 19 witnesses has been examined. The conclusion of trial will, thus, take some more time.

4. As regard to the twin conditions contained in Section 37 of the NDPS Act, learned counsel for the respondent – State has been duly heard. Thus, the 1st condition stands complied with. So far as the 2nd condition re: formation of opin