222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 01.09.2025 Vikrant Tomar ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vaibhav Narang, Advocate for the petitioner.

Ms. Pooja Nayar Sharma, D.A.G., Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

305 21.12.2022 A Division, District 22(C), 27-A, 29 of NDPS Act Amritsar and 420, 468, 471, 120-B, 34 IPC

1. The petitioner, who is a proclaimed offender per paragraph 32 of status report, apprehending arrest in the FIR captioned above, has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2. Per paragraph 33 of the status report, the petitioner has the following criminal antecedents:

Sr. No. FIR No. Date Offenses Police Station

1. 108 16.07.2025 22, 27A, 29, 31 of NDPS Act A Division, and 318(4), 238, 61(2) BNS Amritsar

3. The facts and allegations are taken from the status report filed by the State. On 21.12.2022, based on secret information, the Police seized 29,920 tablets (Tramadol Hydrochloride) from the possession of co-accused Nishan Sharma. During further investigation, police seized 3,20,000 tablets, 4,05,000 capsules from Usman Rajput, 3,56,800 tablets from Rajan Kumar and Rishi Kumar and 45,925 injections, 14,925 capsules and 19,700 tablets from Manoj Kumar Sahoo (all tramadol Hydrochloride). The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.

4. Para 3 of the status report dated 31-08-2025, reads as follows: “3. That bereft of the unnecessary details, it is submitted that on 21.12.2022, the accused person namely Nishan Sharma Sio Baldev Raj Sharma was apprehended on the basis of the secrel information from bus stand, Amritsar by the police party headed by Inspector Rajwinder Kaur, SHO of Police Station A-Division, Amnitsar City. He was informed about his legal right as prescribed under Section 50 of NDPS. Acl to be searched before a Magistrate or some Gazetted Officer and as per his consent, his searched was conducted in presence of Sh. Gurpartap Singh Sahota PPS, then Assistant Commissioner of Police, East. Amritsar and Drug Inspector Rohit Kumar During which, total 29,920 intoxicating tablets of Tramadol Hydrochloride 100 mg, Cosidol-100SR Tablets Bluepen Laboratories Pvt. Ltd (ISO 9001:2015 certified company) rock valley apartments, sewikalan, Majra, Dehradun, UK 248001. Mfg. by rapport remedies E-7/2, UPSIDC, Industrial Area, Selaqui, Dehradun, UK B.No RRNT- 11/049. B. No. RRNT 11/038, B. No. T12217 were recovered from one card board box lying in jute bag holding in his hand, which were taken into police possession in accordance with law. The above said accused Nishan Sharma was arrested in this case/FIR No. 305/2022 (supra).”

5. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

6. The State’s counsel opposes bail and refers to the status report.

7. It would be appropriate to refer to the following portions of the status report dated

31-08-2025, which read as follows:

“19. That the deponent humbly submits that during custodial interrogation, the accused Manoj Kumar Sahoo suffered disclosure statement before the Investigating Officer that he used to purchase intoxicating tablets and capsules from Usman owner of M/s Rapport Remedies despite having knowledge that the manufacturing license of M/s Rapport Remedies of the accused Usman had already been cancelled. He further used to sell these intoxicating tablets/capsules in Punjab and other prohibited States through fake firms A-Pharma, Ms/ T-Sailo Pharmacy, M/s Ashish Medial Agency, M/s Dehradun Medicine and M/s Rare care Pharmaceuticals. It was also disclosed by Manoj Kumar Sahoo that Vikrant Tomar owner of M/s Rare Care Pharmaceuticals had told him that he