IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 640 of 2011. Date of decision : 30.8.2011. ____________________________________________________________ Bhupinder Chauhan …Petitioner. Versus State of Himachal Pradesh. . …Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? No For the Petitioner : Mr. Naveen K. Bhardwaj, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General with Mr. J.S.Rana, Assistant Advocate General. Kuldip Singh, Judge (Oral). This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 76 of 2010 dated 26.7.2010, registered at Police Station, Banjar, District Kullu, under Sections 18, 20, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short ‘Act’) The status report has been filed and the same has been perused. 2. It has been stated in the application that the petitioner has been falsely implicated in the case for offence punishable under Section 29 of the Act. The petitioner is innocent. He has committed no offence. The petitioner has been arrested and since then he is in custody. The petitioner earlier filed Cr.MP(M) No. 133 of 2011 which __________________ 1 Whether reporters of Local Papers may be allowed to see the Judgment ? yes 2 was disposed of on 15.3.2011. The petitioner filed another bail application which has been rejected by the learned Special Judge (FTC), Kullu on 10.6.2011. It has been stated that the case is fixed in the trial Court for evidence. The trial of the case will take some time and, therefore, the detention of the petitioner for indefinite period is not necessary. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. 3. The bail application has been opposed by the learned Additional Advocate General on the basis of status report. It has been stated that 4 KG 800 grams Charas and 300 grams Opium was recovered from Anil Kumar resident of Village Dehra, Tehsil Smalkha, District Panipat, Haryana on 26.7.2010. Anil Kumar during investigation disclosed that he had purchased the aforesaid Narcotics from petitioner Bhupinder Chauhan resident of Village Kalwari, Tehsil Banjar, District Kullu. An amount of `13,65,438/- was deposited in the account of Bhupinder Chauhan on different dates from 1.4.2010 to 21.7.2010. Anil Kumar and Bhupinder Chauhan, petitioner had been conversing on telephone with each other and transacting the illegal business of narcotics which is clear from the call details of their mobile phones. The accused No.2 Bhupinder Chauhan had absconded till he surrendered on 2.12.2010 in the Fast Track Court, Kullu. It has been submitted that in view of seriousness of the offence, the petitioner is not entitled to bail. 4. I have considered the arguments on both sides and have also gone through the police file. The allegations against the petitioner are that he is dealing in the trade of illicit narcotic drugs. Anil Kumar 3 accused in the case was arrested on 26.7.2010 when 4 KG 800 grams Charas and 300 grams Opium was recovered from him. He disclosed that he had purchased the contraband from Bhupinder Chauhan. It has also come in the investigation that Bhupinder Chauhan had absconded on 26.7.2010 but surrendered to the court only on 2.12.2010. The abscondance of the petitioner has created suspicion. The investigating agency has come forward with the plea that in the bank account of the petitioner in the recent past an amount of `13,65,438/- has been deposited. The call details of mobile phones of petitioner and co- accused Anil Kumar indicates that both of them had been talking to each other at the relevant time. 5. The bail applications filed by the petitioner have earlier been rejected. There is no change of circumstance. In view of the seriousness of the case, the petitioner is not entitled to bail. Hence, the application is dismissed. 6. The observations made in this judgment are for disposal of bail application only and the same shall not be construed as an expression of opinion on the merits of the case. August 30, 2011. (Kuldip Singh) (GR) Judge.