Cr.M.P.(M) No. 1308 of 2008 17.12.2008 Present: Mr. G.R. Palsara, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Anil Jaswal, Dy.A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for grant of bail to the petitioner in the case FIR No. 218 of 2008 dated 30.10.2008 registered at Police Station, Joginder Nagar, District Mandi, H.P. under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Mr. G.R. Palsara has strenuously argued that his client is an innocent person and has been falsely implicated in the case. He further submits that his client is permanent resident of district Mandi and there is no possibility of his absconding. The learned Senior Additional Advocate General has opposed the bail application. I have heard the learned counsel for the parties. The petitioner had earlier approached the learned Special Judge, Mandi seeking bail. The application was rejected by the learned Special Judge, Mandi on 6.12.2008. It is evident from the order dated 6.12.2008 that the petitioner was earlier arrested in another case FIR No. 208 of 2006 dated 31.8.2006 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was found in possession of 400 grams cannabis. He has been arrested again by the police on 30.10.2008 and 850 grams of charas was recovered from him. The site plan was prepared and the sample has been sent to FSL, Junga for chemical report. In view of the fact that the petitioner had earlier been arrested under the Narcotic Drugs and Psychotropic Substances Act, 1985, he seems to be prima facie a habitual offender. To possess and transport charas is a serious social offence and the petitioner does not deserve any indulgence/leniency by this Court. Mr. G.R. Palsara has also failed to point out any subsequent development which might have taken place between 6.12.2008 till date. In view of the observations made hereinabove, there is no force in the application and the same is dismissed. The observations made in this order are for the disposal of this application and these shall not be treated as an expression/opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. December 17, 2008. (cr)