- (1.) Heard learned counsel for the parties. Perused the material available on the record. The petitioner, who is in custody in this case from 03.04.2011 has approached this Court seeking bail in connection with FIR No.34/2011, registered at Police Station Bhainsrodgarh, District Chittorgarh for the offences under Section 8/15 of the NDPS Act.
(2.) The ground advanced before this Court seeking bail for the petitioner is delay in trial and the prolonged custody of the accused. While deciding the second bail application (2299/2013) preferred on behalf of the petitioner, by order dated 10.07.2013, this Court had requested the trial court to expedite the trial considering the fact that the petitioner was in custody for about more than 2 years. A period of nearly three years has lapsed since then, but till date, the sorry state of affairs continues. Out of 20 witnesses cited by the prosecution, only 13 have been examined till date and 7 yet remain to be examined. It is also informed to the Court that on numerous dates, the witnesses could not be examined because the prosecution failed to produce in the Court the offending vehicle from which the seizure was allegedly made.
(3.) Thus, having regard to the ratio of the judgment rendered by the Hon'ble Supreme Court in the case of Thana Ram vs. Central Bureau of Narcotics, reported in (2013)2 SCC 590 and as the petitioner is in prolonged custody of more than 5 years, this Court is of the opinion that the fifth application for bail filed by the petitioner deserves to be accepted.;