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Judgment
Ajay Mohan Goel, J
By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 55, dated
17.02.2020, registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Bhuntar, District Kullu,
H.P.
Learned counsel for the petitioner has argued that the petitioner is innocent and he has been falsely implicated in the case. He further submitted that
the petitioner is not guilty of the offences alleged against him and he has been wrongly implicated in the case without appreciating that he had no
connection with the other accused in the matter. He also submitted that in the event of bail being granted to the petitioner, he shall abide by all the
conditions which may be imposed by the Court.
Opposing the bail petition, learned Additional Advocate General has argued that in fact a huge quantity of about 8 Kgs. Charas was recovered from
the accused named in the FIR concerned, who are four in number. According to him, role of the petitioner was well established during the course of
investigation. In addition, there are CDR details which point towards monetary transactions, implicating the petitioner with the committal of the
offence. He further argued that the petitioner happens to be a resident of Nepal and taking into consideration the gravity of the offence alleged against
him, there is every possibility that in the event of being released, he may jump the bail and, thus, be not available for trial and he may also try to
influence the witnesses etc. On these grounds, he submitted that the bail petition be dismissed.
I have heard learned counsel for the parties and also gone through the pleadings made in the petition.
Keeping in view the fact that about 8 Kgs. Charas was recovered from the bus in which the petitioner was travelling alongwith other coÂaccused
and further that the petitioner happens to be a Nepali citizen and also that CDR transactions, as per the investigation, point out towards exchange of
money, involving the present petitioner, this Court finds no merit in the present petition, as it concurs with the submissions made by learned Additional
Advocate General that gravity of the offence does not warrants release of the petitioner on bail and further there is possibility that if released on bail,
the petitioner may flee the Country and may thus be not available for trial. Accordingly, this petition is dismissed.