The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit further crimes.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 267 of 2025, dated 4.12.2025, registered at Police Station Paonta Sahib, District Sirmour, H.P., for the commission of offences punishable under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

2.It has been asserted that, as per the prosecution’s story, the police were on patrolling duty on 3.12.2025. They received a secret information at about 7.40 PM at Batapul, Paonta Sahib, that a vehicle bearing registration No. HR-51BS-9267, occupied by Arjun and Rahul Kapoor, was transporting a huge consignment of prohibited capsules and tablets from Haryana, which could be recovered by searching the vehicle. The police joined Joginder Singh as an independent witness, set up a naka ahead of the Behral check post, and intercepted the vehicle. The driver identified himself as Arjun, and the person sitting beside the driver identified himself as Rahul Kapoor. The police searched the vehicle and recovered a bag. The police checked the bag and found 4560 capsules of Tramadol bearing the name Proxyohm spas and 3000 tablets of Alprazolam. The police arrested the occupants. They revealed during interrogation that they had given an amount of Rs.1.00 lac to the petitioner for the purchase of drugs, and the drugs were supplied in an auto rickshaw bearing registration no. UP-11CT-5520. The police raided the petitioner’s house on 5.12.2025 and 20.12.2025, but could not recover any incriminating material. The police arrested the petitioner based on the statement made by the co-accused, which is inadmissible in evidence. The petitioner has no concern with the commission of a crime. He is 31 years of age. He has old parents to look after. He would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3.The petition is opposed by filing a status report asserting that the police were on patrolling duty on 3.12.2025. When they reached Batapul at 7.40 PM, they received a secret information that a vehicle bearing registration No. HR-51-BS-9267 was transporting a huge quantity of capsules and tablets. Arjun and Rahul Kapoor were travelling in the vehicle. The information was credible, and it was reduced to writing. It was sent to Sub Divisional Police Officer (SDPO), Paonta Sahib. The police stopped Joginder Singh on the way and set up a naka ahead of the Behral check post. The vehicle bearing registration No. HR-51-BS-9267 was intercepted at 8.30 PM. The driver identified himself as Arjun, and the person sitting beside the driver identified himself as Rahul Kapoor. The police searched the vehicle and recovered 4560 capsules of Tramadol and 3000 tablets of Alprazolam. The police arrested the occupants and seized the capsules and the tablets. The police interrogated Arjun, who revealed that he had paid Rs.1.00 lac to the petitioner for purchasing the capsules and the tablets, and these were transported in an auto rickshaw bearing registration No. UP-11CT-5520. The accused Arjun also identified the place where the capsules and tablets were loaded in the vehicle. The police seized the mobile phones. The capsules and tablets were sent to FSL, and as per the report, the capsules contained 2.253 kilograms of Tramadol and the tablets contained 420 grams of Alprazolam. The investigation is complete, and the charge sheet shall be filed before the Court. Hence, the petition.

4.I have heard Mr Ajay Kochhar, learned Senior Counsel, assisted by M/s Varun Chauhan, Anubhav Chopra and Bhair