- (1.) HEARD the learned amicus curiae as well as learned Additional Government Counsel.
(2.) BY present letter petition, the accused-prisoner Yar Mohammed s/o Fatte Khan, r/o village Bhagu-ka-gaon, PS and district- Jaisalmer, presently confined in Central Jail, Jodhpur; has prayed for his transfer to District Jail, Jaisalmer, for the reasons stated in the application. In the reply filed on behalf of respondents, it is submitted that the two different criminal cases are pending against accused-prisoner � one at Jaisalmer, another at Jodhpur. One criminal case in relation to FIR No.121/2004 for offence under secs.420, 482, 483 and 120B IPC is pending before learned Chief Judicial Magistrate, Jailsalmer, wherein the petitioner was granted bail on 24.12.2011 and in compliance thereof, he was released on 27.11.2011. Another criminal case No.111/2009 for offence under secs.8/21, 22 of the NDPS Act is pending before learned Special court, NDPS Act Cases, Jodhpur and in this case, the petitioner has been in judicial custody since 29.09.2009 at the Central Jail, Jodhpur. It is also mentioned that earlier, the accused-petitioner has been granted interim bail from 23.01.2010 to 02.02.2010, 08.02.2010 to 22.02.2010 and 04.01.2012 to 11.01.2012. Having considered the submissions made by the learned counsel and looking to fact that in the criminal case pending at Jailsamer, the accused-petitioner is on bail and a criminal case for commission of offences punishable under the NDPS Act is pending before the court of Special Judge, NDPS Cases and in case, the accused-prisoner is transferred to District Jail at Jaisalmer, it would cause undue burden on public revenue in bringing the accused-petitioner to Jodhpur for trial of his NDPS case; I am not inclined to accept prayer of the accused-petitioner for transfer in District Jail at Jaisalmer. In the result, this letter petition is hereby dismissed.;