Sandeep Sharma DECISION
Sandeep Sharma, J.
1. Bail petitioner namely Rehmat Ali, has approached this Court in the instant proceedings filed under Section 439 of Cr.P.C., praying therein for grant of regular bail in connection with FIR No. 25/18 dated 24.3.2018, under Sections 20, 25 and 29 of the NDPS Act and 181 of Motor Vehicles Act, registered, at P.S. Dalhousie, District Chamba, H.P.
2. Sequel to order dated 6.2.2019, passed by this Court, ASI Balwant Singh, I.O. P.S. Dalhousie, District Chamba, H.P., has come present in Court alongwith record of the case. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the investigating agency. Record perused and returned.
3. Close scrutiny of the record/status report reveals that on 24.3.2018, police party, which had laid Naka at Chhana Mor, apprehended two persons namely Faruq Mohd. and Bashir Mohd., carrying psychotropic substance. Since above named persons after having seen police tried to run away from the spot, police apprehended them and thereafter, recovered charas weighing about 3.87 kg. After completion of necessary codal formalities, police registered case against the above named persons under Sections 20, 25 and 29 of the NDPS Act and 181 of Motor Vehicle Act on 24.3.2018 and since then, they are behind the bars. During investigation, police found involvement of present bail petitioner as well as present namely Bitu Ram, from whom, allegedly accused persons namely Faruq Mohd. and Bashir Mohd., purchased charas recovered from their possession. During investigation, police found that present bail petitioner helped the accused carrying charas from Thalli Nakror to Channa Mor. As per Investigating Agency, present bail petitioner, who drives Taxi/CAB, charged sum of Rs. 12,000/- from the co-accused for dropping them from Thalli Nakror to Channa Mor. Above named persons revealed during their investigation that present bail petitioner asked them to pay sum of Rs. 3,000/- per kg for dropping them from Thalli Nakror to Channa Mor and as such, in the aforesaid background, case under Section 25 of the NDPS Act, came to be registered against the bail petitioner and since 3.4.2018, bail petitioner is behind the bars.
4. Learned counsel for the petitioner while referring to the record/status report strenuously argued that no case, if any, is made out against the present bail petitioner under Section 25 of the Act. Learned counsel contended that no contraband came to be recovered from the possession of the bail petitioner and as such, no case, if any, could be registered against him merely on the statements having been made the accused persons, who were admittedly apprehended with charas weighing 3.87 kg. He further contended that present bail petitioner, who is a Taxi/CAB driver, on the askance of co-accused, Bashir Mohd., who is a jeweler by profession, provided his Taxi for dropping them from Thalli Nakror to Channa Mor. Mr. Parihar contended that since challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner, no fruitful purpose would be served by keeping the bail petitioner behind the bars, especially when he is totally innocent. Mr. P........