J.R. Goel, J. - (1.) This is second bail application filed by the accused-petitioner in FIR No. 4/04 dated 9.11.04 registered at the Central Bureau of Narcotics, Kota for the offence under Section 8/15 read with Section 8/29 of the Narcotic Drugs And Psychotropic Substances Act.
(2.) Heard learned counsel for the accused-petitioner, learned Special Public Prosecu tor for the Central Bureau of Narcotics and perused the material produced during the course of arguments.
(3.) It was, inter alia, contended that the accused-petitioner is languishing in jail for last about two years and despite of directions for expeditious trial, only five witnesses have so far been examined. It was next contended that co-accused Chhotu Ram has been enlarged on bail by the coordinate Bench and the case of accused-petitioner is at par with that of co-accused Chhotu Ram. It was further contended that the accused-petitioner has been implicated in this case only on the statement of co-accused Balwindra, recorded under Section 67 of the Narcotic Drugs And Psychotropic Substances Act and that evidence was not sufficient to connect the accused-petitioner with the crime. Reliance has been placed on the judgments rendered in Jaan Mohammad alias Janney v. Union of India, 2006(2) FER 173 , and Fraincis Stanly @ Stalin v. Intelligence Officer, Narcotic Control Bureau, Thiruvananthupuram, 2007 RCC .;