IMPORTANT POINT
Bail – Court while considering application for bail with reference to Section 37 of NDPS Act is not called upon to record finding of not guilty.

JUDGMENT

Jyotsna Rewal Dua, J.—Petitioner is accused of selling 1.998 Kg of cannabis to Rakesh Kumar and Deepak Kumar and accordingly FIR No.25/2020 has been registered against him and the other two persons on 17.02.2020 under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) at Police Station Padhar, District Mandi. By way of the instant petition preferred under Section 439 of the Code of Criminal Procedure, regular bail has been sought by the petitioner.

2. Heard learned counsel for the parties and gone through the status report.

3. The gist of the case against the petitioner is:—

3(i). On 17.02.2020, a Police Party while on routine patrolling and traffic duty at about 12:15 pm at Khaani Nala, District Mandi, stopped a bus bearing No.HP 68A-0686 coming from Manali and going towards Kangra. Passengers occupying seat Nos.18 and 19 appeared perplexed raising the suspicion of the police personnel. On inquiry, these two passengers gave their identities as Rakesh Kumar (Seat No.18) and Deepak Kumar (Seat No.19), both belonging to State of Punjab. Search of their luggage was carried out in accordance with law. From a bag belonging to Deepak Kumar, 1.998 Kg of cannabis was recovered, which led to registration of the FIR in question. The above mentioned two persons were arrested on 17.02.2020.

3(ii). During investigations, Deepak Kumar is stated to have disclosed about procuring the contraband in question, from a person known to him as ‘Guru’, on 17.02.2020 in a parking place in Mandi. For purchase of this contraband, he had allegedly made cash payment of Rs.1,10,000/- to ‘Guru’. Statedly after obtaining the contraband, he came to bus stand and met his companion Rakesh Kumar. After deliberations, both of them boarded ‘New Prem Bus Service’ and started from Mandi alongwith their luggage, from which the contraband in question was eventually recovered by the police on 17.02.2020.

3(iii). According to the status report, Deepak Kumar further disclosed that for procuring the cannabis from the bail petitioner, he remained in constant touch with the petitioner on latter’s mobile numbers, viz. 85807-27703 and 70186-91211. The investigating agency is stated to have obtained the CDR details of the aforesaid mobile numbers for proceeding further in the matter. The photograph affixed on CAF provided with CDR details of one of the mobile number was stated to be belonging to Ev Raj @ Evu S/o Pritam Chand, i.e. bail petitioner. Efforts were made to trace his whereabouts, but he was not found. Finally on 21.07.2020, the investigating agency was able to apprehend Ev Raj @ Evu at Gurahan while he was going from Thalot to Murah Balichowki. Investigations were carried out from him as well. Petitioner statedly disclosed that he used to prepare the cannabis for the purpose of selling to various customers. He met Rakesh Kumar and Deepak Kumar during 2019 Dussehra Festival and had given his name as ‘Guru’ to the other two accused persons. On 05.02.2020, Deepak Kumar had called the petitioner on Mobile No.70186-91211 from his (Deepak Kumar’s) Mobile No.82647-75437, demanding two kilograms of cannabis. For this purpose, they thereafter remained in constant contact with each other on phone. On 16.02.2020, the petitioner asked Deepak Kumar to meet him in Kullu Bus Stand alongwith the requisite money. Deepak Kumar accordingly met the bail petitioner on 16.02.2020 at Kullu Bus Stand and handed him the demanded amount. On receipt of the amount, petitioner assured him that two kilogram of cannabis will reach him near Mandi Bus Stand on 17.02.2020. On 17.02.2020, Deepak Kumar received a call from the petitioner from Mobile No.85807-27703 (sim card of which is statedly registered in the name of petitioner’s wife), directing him to come to Taxi Stand at Mandi. The cannabis in question was finally delivered by the petitioner to Deepak Kumar at Taxi Stand, Mandi. Petitioner became aware of the arrest of Deepak Kumar and Ra