ORDER : Petitioner is accused in case FIR No.98 of 2021, dated 1st June, 2021, under Sections 18, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), registered at Police Station Sadar, District Bilaspur, H.P. Petitioner was arrested in the above noted case on 1st June, 2021, and is in custody since then. 2. On 1.06.2021, the police on prior information, intercepted truck No. HP-69-5452 on NH-205 at place near Kalar in District Bilaspur. Petitioner was on driving seat and another person named Jitender Singh was found travelling in the truck. A gunny bag was found in the tool box of the truck. On opening of said gunny bag, it was found filled with rice, but on further intensive search opium weighing 5.025 kg. was recovered. Case under Sections 18, 25 and 29of the NDPS Act was registered against the petitioner. Besides petitioner, Jitender Singh, Bhimvali and Akshay Sahni have been arrayed as accused. While Jitender Singh and Bhimvali, besides the petitioner are in custody. Akshay Sahni is absconding and proceeding under Section 82 of the Cr.P.C., have been initiated against him. 3. The Investigation in the case has been completed and challan has been filed in the Court of learned Special Judge, Bilaspur. 4. Petitioner has approached this Court for grant of bail, in the above noted case on the ground that his implication is false. Contraband was not found from conscious possession of petitioner. He was merely the driver of the truck. As per petitioner, no legal evidence could be collected against him to connect him with the crime. It is further contended on behalf of the petitioner that there is no likelihood of his absconding from the course of justice as he is the permanent resident of State of Himachal Pradesh. Nothing is required to be recovered from petitioner. Petitioner has undertaken not to tamper with the prosecution evidence. It is further stated that the petitioner will abide by all the conditions as may be imposed. 5. In response, status report has been filed. It is stated that sufficient evidence has been collected against the petitioner. Petitioner was using multiple mobile numbers, i.e. 86298-48409, 94182-54381, 70181-65596 and 98820- 04692. From track of these mobile numbers, the location of their user was found in the States of Bihar and Utter Pradesh etc., within 4-5 days preceding the recovery of contraband. It is stated that sufficient evidence has been collected against the petitioner. Petitioner was using multiple mobile numbers, i.e. 86298-48409, 94182-54381, 70181-65596 and 98820- 04692. From track of these mobile numbers, the location of their user was found in the States of Bihar and Utter Pradesh etc., within 4-5 days preceding the recovery of contraband. The bail application has been opposed on the ground that the petitioner is accused of a serious offence. Commercial quantity of opium has been found from his conscious possession. 6. I have heard learned counsel for the petitioner and learned Additional Advocate General for the respondent and have gone through the record produced by SHO Bhupinder Thakur, P.S. Sadar, Bilaspur. 7. Petitioner being driver of the truck was its incharge at the time of his apprehension with the contraband. The owner of the truck was not occupying the vehicle. The presence of other passenger Jitender Singh in the truck is unexplained. The recovered opium was found concealed in rice contained in a gunny bag and the gunny bag was found concealed in the tool box. 8. Though, this Court, while deciding the bail application will not venture into minute scanning of the evidence collected by the police, yet the same can be looked into for prima facie appraisal of seriousness of allegations against the bail petitioner. Keeping in view the facts noted above, it cannot be said that the accusations against the petitioner are wholly unjustified. 9. It is revealed from the records that the petitioner was using multiple mobile numbers and during the period of 4-5 days preceding the date of his apprehension, the location of user of these mobile numbers was found in the States of Bihar and Utter Pradesh besides other States. No explanation has been rendered on behalf of the petitioner as to how the gunny bag from which contraband was recovered came to be loaded in his truck. It is hard to believe that something like a gunny bag full of rice could be loaded on the truck,s under the charge of petitioner, without his consent or knowledge. 10. The petitioner is accused of offence involving commercial quantity of opium. This is not a case where the court may arrive at prima facie conclusion regarding false implication or innocence of bail petitioner. 10. The petitioner is accused of offence involving commercial quantity of opium. This is not a case where the court may arrive at prima facie conclusion regarding false implication or innocence of bail petitioner. Section 37 of the NDPS Act expressly prohibits the power to grant bail to accused of offence involving commercial quantity of narcotic drugs or psychotropic substance under the NDPS Act. As noticed above, the case of the petitioner does not qualify the test of exempted clauses under the aforesaid provisions of law. 11. In the light of above discussion, the petitioner is not held entitled to bail. Accordingly, the petition is dismissed. 12. Any opinion expressed hereinabove shall be construed only for the purposes of disposal of this application and shall have no effect on the merits of the case.