IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA. Cr.M.P.(M) No. 843 of 2011 Date of decision: 1.11.2011 _______________________________________________________ Gulab Singh ….. Petitioner. Versus State of Himachal Pradesh. …. Respondent. ________________________________________________________ Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. V.S. Chauhan, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General. Kuldip Singh, J (Oral) This is an application under Section 439 Cr.P.C for grant of bail in FIR No.42/2011 dated 29.4.2011, registered at Police Station, Kotkhai, under Sections 18, 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Act), under Section 61(1) of the Punjab Excise Act as applicable to the State of H.P. The Status report has been filed which has been perused. 2. It has been stated that allegations against the petitioner are that 150 grams of charas, 200 grams of opium, 45 cases of liquor, 5 cases of beer were recovered from the vehicle and godown of the petitioner. The petitioner is innocent. The petitioner has been falsely implicated in the case. Whether the reporters of the local papers may be allowed to see the Judgment? 3. The petitioner has filed the bail application on changed circumstances, challan has been submitted in the Court and the petitioner is in jail for the last more than five months. The maximum sentence provided for the alleged offence committed by the petitioner under the Act is six months. The petitioner has prayed grant of bail for the offence under the Excise Act on the ground of parity in asmuch as the person from whom the liquor was allegedly recovered has been granted bail by learned Sessions Judge on 6.6.2011. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The prayer has been made for granting the bail to the petitioner 4. The bail application has been opposed by the learned Addl. Advocate General. It has been stated that 45 boxes of country liquor, 5 boxes of beer, 1 box of IMFL, 150 grams of charas, 200 grams of opium were recovered from petitioner. It has been stated in the status report that 12 cases of timber smuggling were found registered against petitioner in different Police Stations. In the present FIR Cr.MP(M) No.535 of 2011 filed by petitioner has been dismissed on 12.8.2011 and before that in Cr.,MP(M) No.479 of 2011, bail was not granted to the petitioner on 4.7.2011. 5. The order dated 6.6.2011 indicates that there was no previous case registered against Ram Lal and at the time of recovery of country liquor and beer from vehicle No.HP-63-1892 Ram Lal was not present. The allegations against petitioner are different in asmuch as the liquor and contraband were recovered from godown, store and vehicle of the petitioner. Godown is owned by Sadhiq Kimta, but on rent with petitioner. In the judgment dated 12.8.2011 in Cr.MP(M) No.535 of 2011, it has been observed that earlier 13 cases were registered against the petitioner. It has been submitted by learned counsel for the petitioner that the petitioner has been acquitted in all the cases. The bail was granted to Ram Lal on 6.6.2011. The earlier bail applications of petitioner were dismissed on 4.7.2011 and 12.8.2011 i.e. after the bail was granted to Ram Lal on 6.6.2011. The bail application of the petitioner has been dismissed by learned Sessions Judge on 13.10.2011, the present bail application was filed by petitioner on 15.10.2011. Thus, in substance, there is no change of circumstance. No case for grant of bail has been made out and resultantly bail application is dismissed. 6. The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case. November 1, 2011 (Kuldip Singh), (sks) Judge.