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Judgment
 Anoop Chitkara, J
The petitioner, who is under incarceration from 29th July, 2020, for abetting to possess 1.515 Kilograms of Charas, has come up before this Court
seeking regular bail.
Based on a complaint, the police arrested the petitioner on 29.07.2020, in FIR No.74 of 2020, dated 20.07.2020, registered under Sections 20, 25, 29
of the NDPS Act, in Police Station, Banzar, District Kullu, Himachal Pradesh, disclosing cognizable and non-bailable offences.
Mr. Yashveer Singh Rathore, learned counsel submits that the only evidence against the petitioner is the call details between him and the other
accused Gulshan Kumar. He further submits that since Gulshan Kumar is his nephew, such calls were made because of the proximity of relationship.
Mr. Gaurav Sharma, learned Deputy Advocate General submits that there are call details relating to the time during which the aforesaid transaction
of charas took place between Gulshan Kumar, Jitender and Manjeet. Learned Deputy Advocate General has also handed over the call details dated
19.7.2020.
A perusal of the call details reveals that there is a telephonic conversation between the other accused and the petitioner. In fact, the arguments of
learned counsel for the petitioner, Mr. Yashveer Singh Rathore, is that there may be call details, but those calls were made because of the proximity
of relationship. The quantity involved is commercial and the burdon is on the petitioner to satisfy the twin conditions of Section 37 of NDPS Act, which
he has failed to establish. Merely stating that the calls were due to proximity of relationship, would not be sufficient to discharge the rigors of Section
Resultantly, there is no merits in the petition and the same is accordingly dismissed.