Receiving drug sale proceeds and depositing them does not prima facie constitute financing under NDPS Section 27A or abetment under Section 29 absent evidence of providing sustaining funds or instigation.

JUDGMENT :

RAKESH KAINTHLA, J.

The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 127 of 2024, dated 27.10.2024, registered at Police Station, Damtal, District Kangra, H.P., for the commission of offences punishable under Sections 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2. It has been asserted that, as per the prosecution, the police apprehended Kamaljeet on 27.10.2024 with 262 grams of heroin. Kamaljeet revealed during the interrogation that he had purchased the heroin from Rajesh Kumar, and it was to be delivered to Rajat Kumar. The police arrested Rajesh Kumar, who disclosed that one Vishal Kumar resident of Dubai, used to send heroin to him. He also disclosed that he used to collect the money and hand it over to Raj Kumar @ Sethi. Raj Kumar handed over the money to the petitioner. The police arrested the petitioner, who disclosed during the investigation that he had deposited money with Gagan Sarna, the owner of Gaurav Jewellers. The petitioner has nothing to do with the contraband. He had not sold or delivered the contraband to any person. The petitioner is the first offender. The police have filed the chargesheet before the Court, and the petitioner’s further detention is not justified. 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 party apprehended Kamajeet Singh with a carry bag containing 262 grams of heroin on 27.10.2024. The police seized the heroin and arrested Kamaljeet. Kamaljeet revealed during the interrogation that he had purchased the heroin from Rajesh, and he was to deliver it to Rajat Kumar. The police checked call details records and found that Rajesh and Rajat Kumar had been in touch with each other. The police apprehended Rajesh, who revealed that Vishal, a resident of Dubai, supplies the heroin to him with directions to further supply it to the persons named by him. He used to hand over the money to Rajesh Kumar alias Sethi. The police apprehended Rajesh Kumar alias Sethi. Rajesh Kumar alias Sethi revealed during the interrogation that he had handed over the money to Lakhvinder Singh (petitioner) as per the directions of Vishal. The police apprehended Lakhvinder, who revealed that he had deposited the money into his account and handed over some of the money to Mohit Singh, an employee of Gaurav Jewellers. He had also handed over about three crores rupees to Gagan Sarna, owner of Gaurav Jeweller. The police arrested Mohit Singh and recovered the gold ornaments, currency notes, and the investment documents. The police also arrested Mohit, who revealed that Lakhwinder had handed over cash, 67 grams of gold jewellery, 97 grams of silver jewellery and a mobile phone to him. The police seized the jewellery, mobile phone, insurance bonds and currency notes worth Rs. 4,90,000/-. The petitioner had deposited about Rs. 4,90,000/-, 67.93 grams of gold, 95.45 grams of silver, and insurance bonds with Mohit Singh. He had also deposited a cash amount of Rs. 1,15,00,000/-, 1 kg 25 grams gold and 4 grams of silver with Gagan Sarna. This money was generated by the sale of the heroin. The challan was filed before the Court, and the matter was listed before the learned Trial Court on 19.12.2025. Hence, the status report.

4. I have heard Mr Umesh