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2026 Supreme(Online)(P&H) 2643

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J
Aashish Verma – Appellant
Versus
Union of India through Narcotics Control Bureau, Amritsar Zonal Unit, Amritsar – Respondent
CRM-M-46779-2025|CRM-M-54085-2025|CRM-M-50635-2025|CRM-M-50370-2025|CRM-M-23076-2025|CRM-M-44507-2025|CRM-M-52984-2025|CRM-M-25638-2025



Advocates:
For the Appellants/Petitioners: Dr. Anmol Rattan Sidhu, Mr. Pradeep Sharma, Mr. Kanishk Swaroop, Mr. Shyam Babu, Mr. Antesh Kumar Mishra, Mr. Gurmeet Singh Saini, Mr. Ruhani Chadha, Mr. Ajay Kumar, Ms. Navjot Kaur, Mr. Hukam Singh
For the Respondents: Mr. Adhiraj Singh Thind, AAG Punjab, Mr. Rajiv Sharma, Special Public Prosecutor, Ms. Indu Bala Sharma, Mr. Vinayak Atri, Ms. Amrit Kashyap

The court ruled that serious charges under the NDPS Act warranted the application of strict bail conditions, emphasizing the organized nature of the alleged narcotics trafficking and concerns regarding public safety.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 22, 25, 27-A, 29, 35, 54 & 60; Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bail application - Petitioners charged with involvement in trafficking large quantities of psychotropic substances, including Alprazolam and Tramadol - Serious allegations of organized diversion of regulated substances raised by NCB - Challenges regarding compliance with NDPS Act provisions, lack of evidence against some petitioners, and improper implication based on disclosure statements - Court found no merit to dispense with Section 37 (1)(b) rigors applicable to bail in drug trafficking cases. (Paras 1-11)

(B) Judicial standards - Discretionary nature of bail must align with the gravity of the offences and potential risk of re-offending or tampering with evidence. (Paras 9-10)

Facts of the case:
Eight petitioners sought bail following their arrests related to a significant quantity of psychotropic medicines linked to organized trafficking. Each presented differing circumstances of involvement, with assertions of innocence based on lack of direct evidence or unlawful proprietary practices.

Findings of Court:
Rigors of Section 37 of the NDPS Act were affirmed as applicable, dismissing all bail applications due to serious charges concerning the large volumes of narcotics and potential for continued illegal activities.

Issues: The primary question addressed was whether the petitioners met the statutory conditions for bail given the nature of the allegations and evidence presented by the prosecution.

Ratio Decidendi: The court emphasized that despite claims of lawful business operations, the evidence and nature of the charges indicated substantial involvement in organized narcotics trafficking, warranting denial of bail.

Result: All bail petitions dismissed.

Table of Content
1. petitions filed under ndps act (Para 1 , 2 , 3)
2. arguments for bail by various petitioners (Para 4)
3. arguments against bail by ncb (Para 5)
4. court's observations on case details and issues (Para 6 , 7)
5. legal precedents impacting drug trafficking case observations (Para 8 , 9)
6. court's final decision and rationale on bail applications (Para 10 , 11 , 12 , 13)

By way of the present common judgment, this Court proceeds to adjudicate the aforesaid eight petitions together in view of the admitted commonality of factual matrix and congruity of legal issues involved therein, as fairly conceded by the learned counsel appearing for the respective parties.

For the sake of convenience & brevity, the facts are extracted from CRM-M-46779-2025 titled as Aashish Verma versus Union of India, through Narcotics Control Bureau, Amritsar Zonal Unit, Amritsar.

2. Present petitions have been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) seeking grant of regular bail to the petitioner(s), in NCB Crime Case No.51 dated 08.12.2024, registered under Sections 8 , 8(a), 22, 25, 27-A, 29, 35, 54 & 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station NCB, Amritsar Zonal Unit, Amritsar.

3. As per case setup by the Narcotics Control Bureau, the complaint in question pertains to recovery of a commercial quantity of contraband, i.e. 1,37,11,610 tablets (total weighing 5772.584 Kg. albeit with strips) containing Alprazolam, Tramadol and Zolpidem Tartrate.

4. Learned senior counsel for the petitioner (in CRM-M-46779- 2025) has argued that the petitioner is in custody since 23.05.2025. Learned senior counsel has further submitted that mandatory provisions of the NDPS Act have not been scrupulously complied with, and thus, the prosecution case suffers from inherent defects. Learned senior counsel has iterated that the trial has not progressed with due expedition and the delay thereof cannot be fastened upon the petitioner. Learned senior counsel has iterated that the petitioner is one of the directors of the IKON Pharmachem Private Limited, a duly licensed pharmaceutical entity, situated in Dehradun, authorized to manufacture and distribute drugs and that the Company holds valid license under Schedules C, C(I) and X of the Drugs and Cosmetics Rules, 1945. Learned senior counsel has argued that the said company has not effected any direct sale to individual unauthorized entities lacking requisite licences. Learned senior counsel has argued that Embit Bio Medix, a duly registered and authorized dealer/ distributor under the Drug and Cosmetic Rules, 1945, holding a valid licence for the period 27.02.2023 to 26.02.2028, had placed lawful purchase order(s) with IKON company. Learned senior counsel has argued that the entire record of the company duly stands supplied to the investigating officer and even the complaint has already been filed by the NCB. Learned senior counsel has further argued that rigors of Section 37 of the NDPS are not attracted in the present case as neither any offence has been committed by the company nor has it indulged into any illegal sale/ activities as alleged by the NCB.

4.1. Learned counsel for the petitioner (in CRM-M-54085-2025), apart from submissions made by learned Senior counsel, as aforesaid, has argued that the petitioner is in custody since 09.01.2025. Learned counsel has argued that the petitioner was not named in the complaint in question and has been implicated, in this case, only on the basis of disclosure statement of co- accused, namely, Daljit Singh alias Heera Singh. Learned counsel has iterated that except the said disclosure statement, there is nothing other evidence available to connect the petitioner with the alleged recovery.

4.2. Learned counsel for the petitioner (in CRM-M-50635-2025), while adopting the submissions made by learned Senior counsel, as aforesaid, has argued that the petitioner is in cus

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