JEET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case registered vide FIR No.204 of 2019 dtd. 29/9/2019 Registered at Police Station, Bhuntar District Kullu, Himachal Pradesh under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act'). Petitioner was arrested in the above noted case on 6/10/2019 and is in custody since then.

(2.) On completion of investigation, Challan was presented and the trial is pending before learned Special Judge, Kullu. Petitioner earlier filed bail petition under Sec. 439 CrPC before this Court which was registered as CrMPM No.926 of 2020. Petitioner withdrew the said petition on 2/7/2020 with liberty to move afresh at appropriate stage. Trial has commenced before learned Special Judge.

(3.) Petitioner is seeking his release on bail in above noted case under Sec. 439 CrPC on the premise that his implication is false. Since, he has been arrayed as an accused with the aid of Sec. 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, rigors of Sec. 37 would not apply especially when nothing was recovered from the possession of petitioner. The alleged disclosure by co-accused cannot be used against him. Conspiracy cannot be inferred from alleged telephone calls. There is no legal evidence against the petitioner. The mobile number alleged to be used by petitioner, in fact, did not belong to him.