Point of Law : It is trite law that successive regular bail application under Section 439 of Cr.P.C. can be maintained only if there are changed circumstances and such changed circumstances warrant the grant of bail.

JUDGMENT :

Satyen Vaidya, J.

The petitioner has approached this Court for grant of bail under Section 439 Cr.P.C. in case FIR No. 36 of 2021, dated 16.02.2021, under Sections 15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, (for short ‘ND&PS Act’), registered at Police Station, Aut, District Mandi, H.P.

2. The petitioner has prayed for grant of bail on the ground that he has been falsely implicated. He is in custody since 16.02.2021 and the trial has not yet concluded. It is submitted that in case of grant of bail to the petitioner, he shall make himself available for the remaining trial without causing any delay in its conclusion.

3. Per contra, the respondent has opposed the bail application and has submitted that the petitioner is involved in offence under Section 15 of the ND&PS Act involving commercial quantity of contraband. It is further submitted that the petitioner had earlier also approached this Court for grant of bail by way of Cr.MP(M) No. 882 of 2022 and had remained unsuccessful as his bail petition was rejected by this Court on 13.5.2022. As per the respondent, there is no changed circumstance and hence the petitioner is not entitled to any relief.

4. I have heard learned counsel for the parties and have also gone through the records of the case carefully.

5. The status report filed on record reveals that on 16.02.2021, the Police officials of Police Station Aut, District Mandi, H.P. were on patrol duty. At about 3:00 AM, their vehicle was stopped by two labourers at the distance of about 300 meters from Aut towards Kullu. They were working at four lane construction site and had disclosed that they had noticed three persons alighting from a car and running towards river side. A car was found parked nearby. The registration number of the car was noticed with the help of search light and it was also found that a gunny bag was lying on the rear seat of the car. Search was conducted for the persons, who had left the car. At about 7:15 AM two persons, including the petitioner were apprehended at the bank of river. They disclosed that the car belonged to Kulwant Singh. On search of the car, total five gunny bags were recovered containing 65.720 kg poppy husk. The petitioner alongwith his companion, named Jaswinder Singh, were arrested. The third accused named Kulwant Singh is stated to be absconding. It is also mentioned in the status report that petitioner is already an accused in the following cases:-

i) FIR No. 75 of 2014 dated 28.05.2014 under Section 15 of NDPS Act, PS, Ludhiana.

ii) FIR No. 64 of 2006 dated 08.06.2006 under Section 15 of NDPS Act, PS, Dehlon, Ludhiana.

iii) FIR No. 191 of 2013 dated 29.11.2013 under Section 15 of NDPS Act, PS Sadar Ludhiana.

iv) FIR No. 30 of 2007 dated 27.03.2007 under Section 15 of NDPS Act, PS Dehlon Ludhiana.

v) FIR No. 48 of 2016 dated 05.04.2016 under Sections 341, 323, 451, 506, 34 IPC, PS Ludhiana.

vi) FIR No 163 of 2013 dated 14.10.2013 under Section 13-03-67 Gambling Act, PS Sadar Ludhiana.

vii) FIR No. 25 of 2020 dated 21.02.2020 under Section 15 of NDPS Act, PS Dehlon, Ludhiana.

6. It is not in dispute that the earlier bail application of the petitioner being Cr.MP(M) No. 882 of 2022 was dismissed by this Court on 13.05.2022 by holding as under:-

“7. “In the teeth of Section 37 of N.D.P.S. Act, accused can be released on bail in cases involving commercial quantity of contraband, if all three conditions prescribed in said Section viz. opportunity of opposing the bail to the prosecutor, recording of satisfaction by the Court to the effect that there are reasonable grounds for believing the accused not guilty of such offence and that the accused was not likely to commit the offence during the period of bail. The bare language of Section 37 of the Act reveals that conditions thereof placing fetters on the right of appeal of an accused have to be read conjunctively and absence of any single condition thereof dis-entitle a person from relief of bail. Admittedly, the