IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Sr. No.: 216 Criminal Miscellaneous No.M-32733 of 2025 Date of Decision: September 02, 2025 Sekul Hadis @ Sekul Hadish ..... PETITIONER(S)

VERSUS State of Haryana ..... RESPONDENT(S)

CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA PRESENT: - Mr. Sunil Panwar, Advocate, with Ms. Tejaswini, Advocate, for the petitioner.

Mr. Karan Veer Singh, Senior Deputy Advocate General, Haryana.

SUBHAS MEHLA, J Prayer in the present petition is for grant of regular bail to the petitioner in case FIR No.22 dated 29.01.2025, under Sections 22 (C) and 61 of Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’) registered at Police Station, City Nuh, District Nuh.

2. As per the prosecution version, on 28.01.2025 at about 5:00 PM, as per direction/instruction by the ADC Nuh, the Drug Inspector visited the firm of Saikul Hadis, Prop. Cum Pharmacist of M/s Asian Pharmacy. The said raid was conducted on the basis of a viral video which claimed that the firm was found indulged in sale of psychotropic and habit forming drugs. The firm was having a valid drug license by SDCO cum LA, Zone Gurugram. On inspection, it was found that the medicines were stocked in the fall ceiling of the room of the second floor and the tablets namely Spastron Plus Capsules, Tramadol Hydrochloride and Acetaminophen Capsuls, totalling to 17760 capsules were found. The said drugs fall under NDSPS and also injections Diazrays 2 ML (expired) were also found. Tramasure Tablets (40 tablets) were also recovered. In addition to these, 140 empty bottles of Onerex Coug Syrup were also found and the said drugs are used for medical intoxication purpose by the drug addicts. The purchase and sale records were not shown during the inspection. Subsequently, FIR No. 22 dated 29.01.2025, under Sections 22C, of the NDPS Act, 1985 was registered. The applicant was arrested on 30.01.2025 and since then he is in judicial custody. Hence, the present bail application.

3. Learned counsel for the petitioner has contended that petitioner has been falsely implicated and no case under Section 22-C of NDPS Act is made out. At the most, the case if any, is made out is under the Drugs and Cosmetics Act, 1940 (for short, ‘Drugs & Cosmetics Act’). The petitioner is running a chemist shop under valid license. The Premises is a chemist shop and petitioner has license to store and sell the medicines and the alleged contraband is a medicine. Learned counsel further contends that petitioner has been falsely implicated due to ill-will of local drug administration authorities. Petitioner was not associated in the alleged raid and no videography was conducted. Relevant record and medicines were taken away without preparing recovery memos. The petitioner is a registered chemist and had been operating under a valid drug license. The petitioner, at the most, be said to have violated some term of the license granted to him under the Drugs and Cosmetics Act and cannot be prosecuted for having committed an offence under NDPS Act. The petitioner is in custody since 30.01.2025; investigation stands concluded; final report has been submitted on 03.05.2025; and no useful purpose will be served by keeping him behind bars any further.

4. Per contra, learned State counsel has opposed the prayer for grant of regular bail to the petitioner. The contraband recovered from the premises falls under commercial quantity invoking provisions of NDPS.

Therefore, he is not entitled to the concession of bail.

5. Learned counsel further contends that petitioner’s license has partially cancelled. To rebut this contention, learned counsel for the petitioner submits that no information was ever given to the petitioner regarding having a valid license at the time of inspection and even a routine thorough inspection has already been conducted four days back, and no incriminating things were found in the general inspection, and present case was registered on the asking of the Drug Administra