JUDGMENT :

Anoop Chitkara, J.

The petitioner, who is under incarceration from 15th Jan 2020, for allegedly hiring accused Balkar and Manjeet Singh for purchasing 1 kilogram and 218 grams of charas, has come up before this Court seeking bail.

2. Based on a First Information Report (FIR), the police arrested the petitioner, in FIR No.198 of 2019, dated 30.08.2019, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (after now called “NDPS Act”), in Police Station, Boileauganj, District Shimla, Himachal Pradesh, disclosing cognizable and non-bailable offences.

3. The petitioner filed a petition under Section 439 CrPC before Special Judge (II), Shimla, District Shimla, H.P. However, vide order dated 29.01.2020, 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 and the petitioner and the main accused, from whose possession the Investigator had recovered the charas, had made multiple phone calls between them, which calls immediately preceded such seizure.

4. I have read the status reports and heard Ld. Counsel for the parties. Learned counsel for the petitioner has anne