Ahsan Ali vs State

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.543/2011, registered at Police Station Balotra, District Barmer for the offence under Section 8 / 15 Of NDPS Act.

The petitioner is in custody in the case at hand from 21.12.2011 with the allegation that he was apprehended while transporting 5116 Kgs. of contraband poppy straw. Nearly five and a half years have lapsed since the petitioner was arrested but till date, trial has not proceeded satisfactorily.

On the previous date, learned Public Prosecutor had been directed to submit an explanation for the delay in trial. As per the factual report received from the Special Judge, NDPS Act Cases, Balotra, out of the 24 cited prosecution witnesses, only 10 have been examined till date and 2 have been given up. Thus, only half of the list of prosecution witnesses have been exhausted till date.

Thus apparently, the prosecution has miserably failed in its lawful obligation to produce and examine the witnesses in the Court.

Consequently, this Court is left with no option but to enlarge the petitioner on bail in light of the ratio of Hon'ble Supreme Court judgment in the case of Thana Singh vs. Central Bureau of Narcotics reported in (2013) 2 SCC 603.

Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Ahsan Ali arrested in connection with the F.I.R. No.543/2011, registered at Police Station Balotra, District Barmer shall be released on bail provided he furnishes a personal bond of Rs.2,00,000/- and two surety bonds of Rs.1,00,000/- each (out of which one shall be a local person) to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

Learned Public Prosecutor shall furnish an explanation of the Director General of Police for the reasons of delay in examination of the witnesses with the details of action taken against the erring officials, if any, on 03.07.2017.

List on 03.07.2017 for receiving action.