Rakesh Kainthla, Judge

The petitioner has filed the present petition for seeking regular bail in FIR No. 282 of 2025, dated 22.11.2025, registered at Police Station Sadar, Chamba, District Chamba, H.P., for the commission of offences punishable under Sections 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Sections 221 and 132 of Bharatiya Nyaya Sanhita (BNS), 2023.

It has been asserted that, as per the prosecution, the police party was present at Bhatti Nala near Sultanpur-Chamba-Pathankot, NH-154A on 22.11.2025 at about 7 AM. They were checking the vehicles when they received secret information that one Binta Mahajan and her son Aryan Mahajan were indulging in the sale/purchase of heroin. A huge quantity of heroin could be recovered by searching their house. The police reduced the information into writing and went towards the house of Binta Mahajan. They joined one independent witness on the way. Aryan Mahajan was present in his home. The police searched the house and recovered one electronic weighing machine, two burnt foil papers, one folded and burnt ₹20 currency note, and one syringe. Binta Mahajan came to the spot and raised a hue and cry. One lady was bolted inside the room. The room was opened, and a polythene bag was recovered containing numerous foil papers and small packets containing 20.65 grams of heroin. The police checked the accounts of Binta and Aryan Mahajan and found that the petitioner had made a financial transaction of ₹98,960/- in their account. The police arrested the petitioner based on these transactions. The allegations against the petitioners are false. The investigation has been completed, and custodial interrogation of the petitioner is not required. No recovery of contraband was effected from the petitioner. The petitioner is ready and willing to 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.

The petition is opposed by filing a status report asserting that the police were checking the vehicles on 22.11.2015. They received secret information 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 sent to the Additional Superintendent of Police, Chamba, who issued an authorisation letter. The police joined 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 ₹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 ₹2,33,377/- in cash. The police seized all these articles and arrested the occupants. The police checked their accounts and found that various persons, including the petitioner, had transferred the money to their accounts. The police arrested those persons, including the petitioner. The investigation revealed that Swati Mahajan, Binta and Aryan Mahajan had sold the heroin to Mukul Bhardwaj (petitioner), 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 charge sheet was filed before the Court on 20.1.2026. The prosecution has cited 41 witnesses. The petitioner had transferred ₹69,920/- between 21.08.2024 and 31.08.2025 in the joint account of Aryan and Binta Mahajan. FIR No. 35 of 2025, dated 16.04.2025, has been registered against the petitioner for the commission of an offence punishable under Sections 21 and 25 of the NDPS Act. The petitioner would indulge in the commission of a similar offence in case of his release on bail. The statement of any witness has not been recorded, a