The burden of proof lies on the petitioners to show innocence in narcotics cases; possession of drugs and financial transactions create a prima facie case against bail eligibility.

JUDGMENT :

Rakesh Kainthla, J.

The petitioners have filed the present petitions for seeking regular bail, in FIR No. 282 of 2025 dated 22.11.2025 registered at Police Station Sadar, Chamba, H.P., for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS) and Sections 221 and 132 of the Bhartiya Nyaya Sanhita (BNS). Since all the petitions have arisen out of the same FIR; therefore, they are being taken up together for disposal.

2. It has been asserted that, as per the prosecution, the police had set up a nakaa on 22.11.2025 at 7 AM at Bhatti Nala near Sulatanpur-Chamba- Pathankot NH-154A. They received a secret information that one Binta Mahajan and her son Aryan Mahajan were dealing in heroin, and a huge quantity of heroin could be recovered by searching their house. The police went to the house. Binta Mahajan was not present in her home, but her son Aryan was present. The police searched the house and recovered one electronic weighing machine, two burnt foil papers, one folded and burnt Rs.20/- currency note and one syringe. Binta Mahajan also came to the spot and raised a hue and cry. One room was locked. The police opened it and recovered a polythene bag containing some material. The police also recovered 14 mobile phones, several small packets containing 20.65 grams of heroin, currency notes and jewellery. The petitioners are innocent, and they were falsely implicated. The co-accused Rajesh Kumar, Ankush Thakur, Sachin and Sorabh have been released on bail by this Court. Sameer Ali and Sunil Kumar were released on bail by learned Special Judge-II, District Chamba, H.P, Shimla. The police have filed the charge sheet, and no fruitful purpose would be served by detaining the petitioners in custody. The petitioners would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petitions be allowed and the petitioners be released on bail.

3. The petitions are opposed by filing a status report asserting that the police received a secret information on 22.11.2015 that Binta Mahajan and her son Aryan Mahajan were selling heroin, and a huge quantity of heroin could be recovered by searching their house. The information was credible, and it was reduced to writing. It was sent to the Additional Superintendent of Police, Chamba, who issued an authorisation letter. The police associated Seema Kumari and Mahender Kumar and went to the house of Binta Mahajan. The police found Aryan Mahajan in the house. The police searched the house and recovered an electronic weighing machine, two burnt foil papers, one burnt and one folded currency note of Rs.20/- and one syringe. Binta Mahajan also came to the spot. The police conducted a further search of the house and recovered 14 mobile phones, jewellery, 20.65 grams of heroin, and Rs.2,33,377/- in cash. The petitioner, Swati, was found locked in a room. The police seized all the articles and arrested the occupants. The investigation revealed that Swati, Binta and Aryan Mahajan had sold the heroin to Mukul Bhardwaj, Saurav, Sachin, Ankush, Rajesh, Karan, Suraj, Kirpal, Vinod Kumar and other persons. There were financial transactions between them. They were in constant touch with each other. The petitioner Suraj had transferred Rs.33,500/- to the account of Aryan Mahajan and Binta Mahajan between January, 2025 and November, 2025. The petitioner Karan had transferred Rs.35,100/- to the account of Aryan and Binta Mahajan between February, 2025 and November, 2025. A total transaction of Rs.42,09,216/- was found in the petitioner Pawan Kumar's accou