Anoop Chitkara, J. -
(1.)The petitioner, who along with the main accused, is under incarceration from 25th Sep 2019, for allegedly selling 6 kilograms and 324 grams of charas, and 413 grams of opium, and after that supervising its transportation through another accused, has again come up before this Court seeking bail, on the grounds that this Court has granted bail to one of his co-accused.
(2.)Based on a First Information Report (FIR), the police arrested the petitioner, in FIR No.83 of 2019, dated 27.5.2019, registered under Sections 18, 20 & 29 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (after now called "NDPS Act"), read with S. 181, 192, 196 of Motor Vehicles Act, 1860, (MV Act), in Police Station, Jogindernagar, District Mandi, Himachal Pradesh, disclosing cognizable and non-bailable offenses.
(3.)The petitioner filed a petition under Section 439 CrPC before Special Judge (I), Mandi, District Mandi, HP. However, vide order dated 31.10.2019, the Court dismissed the petition, because, in the opinion of the Court, the petitioner could not cross the rigors of S. 37 of the NDPS Act. After that, the petitioner filed a bail petition under Section 439 CrPC in this Court. Vide order dated Feb 28, 2020, passed in CrMPM No. 29 of 2020, this Court had dismissed the said petition because the petitioner and the main accused Tule Ram, from whose possession the Investigator had recovered the charas, had made multiple phone calls between them, which calls immediately preceded such seizure.