[2025:RJ-JP:4348] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 3rd Bail Application No. 12953/2024 Mohd. Tahir S/o Mohd. Sabir, Aged About 38 Years, R/o House No. 929, Mahawato Ka Mohalla, Ghatgate, Police Station Ramganj, Jaipur (Raj.). (Presently Confined In Central Jail, Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) : Mr. Vivek Choudhary-PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 31/01/2025 The present third bail application has been filed under Section 483 B.N.S.S. (previously 439 Cr.P.C.). The petitioner has been arrested in connection with FIR No.197/2021 registered at Police Station Vishvakarma District Jaipur (West) for the offence under Sections 8/22 and 8/25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, “the Act of 1985”) and later on for the offence under Sections 8/22, 8/25 and 8/29 of the Act of 1985. Learned counsel for the petitioner renews his prayer for bail on ground of long incarceration. He submits that the petitioner is in custody since 23.05.2021 and prays for his release on bail. Learned Public Prosecutor opposed the bail application. Heard. Considered. [2025:RJ-JP:4348] (2 of 3) [CRLMB-12953/2024] The first bail application filed by the petitioner was dismissed by this Court vide order dated 12.01.2023 on the grounds, inter alia, that the quantity of contraband recovered from his conscious possession was commercial. Thereafter, the second bail application was dismissed vide order dated 10.10.2024 for non-prosecution. A perusal of the material available on record reveals that out of total 39 prosecution witnesses, 32 witnesses have already been examined and, as apprised by the learned counsel for the petitioner to this Court, the next date fixed before the learned trial Court for recording the statement of some of the prosecution witnesses is tomorrow, i.e., 01.02.2025. As per list of prosecution witnesses, remaining all witnesses are police personnel including formal witnesses. In view thereof, taking into consideration the commercial quantity of contraband recovered from his possession and the law laid down by a three-Judges Bench judgment of the Hon’ble Supreme Court of India in the case of Narcotics Control Bureau Vs. Mohit Agarwal: AIR 2022 SC 3444 wherein, the benefit of bail granted to the accused by this Court on account of delay in trial, was cancelled holding that delay is no consideration in view of the provisions of Section 37 of the Act of 1985, this Court does not find it just and proper to extend the petitioner benefit of bail. The criminal miscellaneous third bail application is dismissed accordingly. However, looking to petitioner’s long incarceration, the fact that out of total 39 prosecution witnesses, 32 prosecution witnesses have already been examined and all remaining [2025:RJ-JP:4348] (3 of 3) [CRLMB-12953/2024] prosecution witnesses are police personnel, this Court deems it just and proper to request the learned trial Court to expedite the trial and conclude the same at earliest. The Commissioner of Police, Jaipur is directed to ensure presence of the remaining prosecution witnesses (police personnel) as and when called for deposition by the learned trial Court. It is made clear that failure thereof, would be viewed seriously by this Court. The Registrar (Judl.) is directed to remit a copy of this order to the concerned Court and the Commissioner of Police, Jaipur. (MAHENDAR KUMAR GOYAL),J YOGESH/11