IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on : 24.07.2025 Pronounced on : 29.07.2025 Nitin Goel ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Vinod Ghai, Senior Advocate with Mr. Arnav Ghai, Advocate for the petitioner.

Mr. Neeraj Poswal, AAG, Haryana.

MANISHA BATRA, J.

1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 17 dated 16.01.2025, registered under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Dharuhera, District Rewari.

2. Brief facts of the case relevant for the disposal of the present petition are that on 16.01.2025, a secret information was received by a police party to the effect that co-accused Sunil Kumar, who was running a medical store in the name of Yadav Medical Store at Dharuhera Bhiwadi road, was indulged in selling banned narcotic drugs. It was further informed that on that day, he was coming in his car bearing registration number HR-36-AC-8814 with intoxicating drugs and can be apprehended. Believing the information to be reliable, a barrier was laid at the informed place and co-accused Sunil Kumar, while coming in the aforesaid car, was apprehended and recovery of 1728 intoxicating capsules having salts of Dicyclomine Hydrochloride, Tramadol Hydrochloride and Acetaminophen was effected from him. Since the quantity of the recovered drugs was above the permissible limit and co-accused Sunil Kumar could not produce any valid permit or license to keep in his possession such quantity of the drugs, he was formally arrested at the spot. Upon interrogation, he disclosed that he used to purchase the intoxicating drugs from one Yagdat and even the recovered contraband had been purchased by him from Yagdat. On the basis of the same, said Yagdat was nominated in this case as an accused and was arrested on 21.01.2025. On the basis of the disclosure statement suffered by Yagdat, one Jitendra Singh was also nominated in this case as accused and he disclosed that for the last 4-5 months, he used to buy intoxicating capsules from the present petitioner, who was the owner of Maa Vaishno Traders, Delhi. Subsequently, co-accused Yagdat also made disclosure statement to the same effect. On the basis of the same, the petitioner was also nominated in this case as an accused and was arrested on 18.01.2025. He disclosed that he used to buy intoxicating drugs on bill and used to sell the same to his customers on high prices without any bill to gain profits. After completion of necessary investigation and usual formalities, challan under Section 193 of BNSS was presented before the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforementioned offences. Vide order dated 27.05.2025, he was granted concession of interim bail by this Court on medical grounds, which is still continuing with a direction to him to surrender today itself i.e. 29.07.2025.

3. Learned senior counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He is neither named in the FIR nor was found at the spot. He has been nominated in this case on the basis of the disclosure statement suffered by the co-accused, which is not admissible in evidence. The petitioner has a proper drug license in the name of his firm i.e. Maa Vaishno Traders and was authorized to keep in his possession the drugs as mentioned above. He is duly authorized to sell, stock or exhibit or offer for sale or distribute the said drugs. The petitioner has purchased the said drugs on invoices. Co-accused Sunil Kumar was also running a medical store and the petitioner had sold medicines to him in a business transaction. There is no illegality on the part of the petitioner. He is not involved in any other case and has clean antecedents.