Cr.MP (M) No. 105/2009 2.3.2009: Present: Mr. Vinay Thakur, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Additional Advocate General and Mr. Vikas Rathore, Deputy Advocate General for the respondent. The petitioner had approached this Court seeking bail by way of CrMP(M) No. 66/2009. The same was rejected on 17.2.2009. The order dated 17.2.2009 reads thus: “This is an application under Section 438 of the Code of Criminal Procedure for granting anticipatory bail to the petitioner in F.I.R. No. 121 of 2008 dated 13.12.2008 registered at Police Station, Anni under Sections 20 and 29 of the N.D.P.S. Act. The learned Senior Additional Advocate General has filed the status report. He has drawn the attention of the Court to the statement of co-accused Prakash Chand recorded during the course of investigation. It has come in the investigation that accused Prakash Chand and the petitioner were involved in transportation of the contraband. It is further borne out from the record that Prakash Chand and Tara Chand were in constant touch with each other on mobile phone. In view of the statement of Prakash Chand and the investigation carried out by the prosecution, the petitioner has not made out a case for his enlargement on bail. Accordingly, the application is dismissed. The observations made in this order are for the disposal of this application and the same shall not be treated as an expression/opinion on the merits of the case. Copy ‘Dasti’ on usual terms.” It was expected from the State Police that the petitioner shall be arrested since he was involved in a heinous crime recorded in an FIR under sections 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act. Strangely enough the Police has not arrested the accused till date though his bail application stood dismissed on 17.2.2009. This Court has come across number of cases where the accused persons despite their bail applications being cancelled have not been arrested. It shows callousness on the part of the State Police to maintain the rule of law. The copy of this order be sent to the Chief Secretary, Government of Himachal Pradesh for taking appropriate action against the Investigating Officer. As far as the present application is concerned there is nothing to suggest that any substantial change has taken place in the circumstances till date since 17.2.2009. Therefore, the application is dismissed. (Rajiv Sharma), March 2, 2009 Judge. *Awasthi*