Judgment Kuldip Singh, J 1. This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.17 of 2012 dated 14.6.2012, registered at Police Station, CID, Bharari, under Sections 20, 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ( for short Act). 2. It has been stated that petitioner has been arrested on 14.6.2012 in the above case. The petitioner earlier moved application for bail which has been dismissed by learned Sessions Judge, Shimla on 4.8.2012. The petitioner is innocent. He has committed no offence. The case against petitioner is based upon false and twisted facts. 3. The investigation in the case has already been completed. The custodial interrogation of the petitioner shall not serve any purpose. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail. 4. The status report has been filed. It has been stated that the case has been registered on receipt of ruka dated 14.6.2012 of Sub Inspector Maheshender Singh. The complainant has stated that he was present at Hashan Valley NH-22 with other police officials alongwith vehicle, at about 3.40 p.m. he received secret information that in vehicle No.HP 01-K-2719, Mintu, Shyam Singh and Yash Pal were proceedings from Ani to Shimla with charas and some passengers were also in the taxi. 5. The information was authentic. Section 42(2) of Act was complied. There was no independent witness on the spot. At about 4 p.m., vehicle No. HP 01-K-2719 came from Theog side, it was signaled to stop, four persons were in the vehicle. The driver disclosed his name Shyam Singh. The person sitting on the front seat disclosed his name Mintu. The person sitting on the rear seat behind driver disclosed his name Yash Pal. The person sitting on the left rear seat disclosed his name Tek Chand and told that he boarded the taxi at Sainj. 6. There was no independent witness, vehicle was searched in presence of Tek Chand and others but no contraband was found in the vehicle. The Sub Inspector Krishan Chand was contacted on mobile phone and he was requested to send Dog Squad trained in narcotics. Rakesh Kumar reached at 4.30 p.m. alongwith dog ( Laila ). The dog pointed out the place inside the taxi indicating possibility of some contraband. The Sub Inspector Krishan Chand was contacted on mobile phone and he was requested to send Dog Squad trained in narcotics. Rakesh Kumar reached at 4.30 p.m. alongwith dog ( Laila ). The dog pointed out the place inside the taxi indicating possibility of some contraband. The complainant asked Mintu, Shyam Singh and Yash Pal to take out the concealed contraband from the taxi Yash Pal put his hand in the hole and took out four packets one by one and the packets recovered were found to contain charas weighing 3 Kg. 140 grams. 7. The sampling and sealing were done on the spot. The accused were arrested. Mintu disclosed that the charas belonged to Pammi. The charas was cleverly concealed in the vehicle. All the three accused were aware of the charas where it was concealed. The commercial quantity of the charas was recovered from all the three accused. It has been stated that in the event of bail the petitioner is likely to abscond and restart dealings in charas. The submission has been made for rejection of the bail application. 8. Heard and perused the record. The learned counsel for the petitioner has submitted that petitioner is innocent. He has committed no offence. He has been falsely implicated in the case. Shyam Singh was driving the vehicle. The petitioner was passenger in the taxi like Tek Chand passenger in the taxi The petitioner was not owner of the taxi. In the status report it has been stated that Mintu accused has disclosed that charas belonged to Pammi. There is no legal evidence to connect petitioner with the contraband. The investigation in the case is complete. The petitioner is in custody since 14.6.2012. The challan has already been submitted in the Court. 9. The prosecution case is that there was specific information that Shyam Singh, Mintu and Yash Pal had been coming with charas in vehicle No.HP 01- K-2719. The information provided that there were other passengers in the taxi. The petitioner took out contraband from the taxi by putting his hand in the hole where the contraband was concealed. The SFSL report has identified the contraband as charas. Mintu though disclosed during investigation that charas belonged to Pammi but he did not give his full name, address and mobile number. The prosecution is relying on mobile phones talks of Mintu with the other two accused. 10. The SFSL report has identified the contraband as charas. Mintu though disclosed during investigation that charas belonged to Pammi but he did not give his full name, address and mobile number. The prosecution is relying on mobile phones talks of Mintu with the other two accused. 10. There is nothing on record to show for what purpose petitioner should talk to Mintu on the relevant date(s) on mobile phone. The learned counsel for the petitioner has stated that Mintu and petitioner are from same area and for that reason possibility cannot be ruled out that Mintu and petitioner talked to each other on their mobile phones due to their prior acquaintance. The addresses given in the status report of Mintu and petitioner disclose that they are not from same village. 11. There was prior information that Shyam Singh, Mintu and Yash Pal were traveling in the taxi with charas, though some passengers were also in the taxi. The charas from the very beginning before its recovery was connected with Shyam Singh, Mintu and petitioner and was ultimately recovered from them. At this stage, it cannot be said that petitioner has not been connected with the charas. The quantity of the charas recovered from the petitioner and two others is 3 Kg. 140 grams, therefore, the petitioner is not entitled to bail. Hence petition is dismissed. 12. The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case.