Sahil Goswami vs State Of Himachal Pradesh on 10 January, 2025

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Himachal Pradesh High Court

Sahil Goswami vs State Of Himachal Pradesh on 10 January, 2025

2025:HHC:2302 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMPs(M) No. : 2447 and 2429 of 2024 Reserved on : 06.12.2024 Decided on : 10.01.2025 CrMP(M) No.2447 of 2024 Sahil Goswami ...Applicant Versus State of Himachal Pradesh ...Respondent CrMP(M) No.2429 of 2024 Rishabh Jain ...Applicant Versus State of Himachal Pradesh ...Respondent Coram The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 CrMP(M) No.2447 of 2024 For the applicant : Mr. Hitesh Thakur and Mr. Neeraj Kanwar, Advocates.

For the respondent : Mr. Tejasvi Sharma, Mr. H.S. Rawat and Mr. Mohinder Zharaick, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjana Patial, Deputy Advocates General, assisted by DSPs Vikram Chauhan, Shakti Singh and ASI Shashi Pal.

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

2 2025:HHC:2302 Mr. Bhupinder Kumar, Naib Nazir, from the office of learned Special Judge-I, Una, along with record.

CrMP(M) No.2429 of 2024 For the applicant : Mr. Neeraj Gupta, Senior Advocate with Mr. Yatharth Sinha and Mr. Ajeet Pal Singh Jaswal, Advocates.

Mr. Bhupinder Kumar, Naib Nazir, from the office of learned Special Judge-I, Una, along with record.

Virender Singh, Judge This order of mine shall dispose of the above- titled bail applications, which have been filed by the applicants, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), for releasing them, on bail, during the pendency of trial, in case FIR No.125 of 2023, dated 15.09.2023 (hereinafter referred to as the 'FIR, in question'), registered under Sections 22, 25, 29 of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as 'the 3 2025:HHC:2302 NDPS Act') and Sections 201, 465, 467 and 471 of the Indian Penal Code (hereinafter referred to as the 'IPC'), with Police Station, Gagret, District Una, H.P.

2. According to the applicants, they have falsely been implicated in the present case and after registration of the FIR, police has completed the investigation and filed the charge-sheet. However, charges have not yet been framed, in this case.

3. As per applicants, there are about 80 prosecution witnesses, in this case and the conclusion of the trial, against them, will take sufficient long time and as such, no useful purpose would be served, by keeping them in the judicial custody, that too, for the indefinite period.

4. The relief of bail has been sought on the ground that in this case, the prosecution allegedly recovered the contraband, firstly on 15.09.2023, at about 08:30pm, in which, 28,560 capsules of Proxy-wel Spas were recovered, whereas, the second recovery was allegedly effected on 16.09.2023 at about 07:00pm, in which, 25,000 tablets of Clovidol 100 SR were recovered. The contraband, according 4 2025:HHC:2302 to the first recovery, is 1.428 kg and as per the second recovery, the contraband is 2.500 kg.

5. It is the case of the applicants that the case of the prosecution is false, as, there is not even a single evidence in the form of CCTV footage, booking registers, from which, it could be substantiated that the courier alleged to have been intercepted on 14.09.2023, at Gagret, was booked by the former servant of applicant-Sahil Goswami.

6. According to applicant-Sahil Goswami, several CCTVs were installed in the premises of Kamal Goods Carrier and they also used to maintain proper despatch register, wherein, the name of the person, booking the courier, used to be recorded.

7. The bail has further been sought on the ground that the case of the prosecution is false, as, according to the seizure memo, each strip was found containing 24 capsules, whereas, the photograph of the boxes depicts that each strip contained only 8 capsules. In this regard, they have relied upon the seizure memo regarding the first 5 2025:HHC:2302 recovery as Annexure P-3 and the photographs of the boxes of Proxy-wel Spas as Annexure P-4.

8. It is the further case of the applicants that NCB- 1 Form was allegedly filled, after the registration of FIR, as, the same bears the FIR number in it.

9. The relief of bail has also been sought on the ground that the prosecution has allegedly relied upon GR No.59051 of one Kamal Goods Carrier, regarding the alleged recovery of first consignment, allegedly containing narcotic substances, whereas, as per the said document, the total weight of the package has been recorded as 50kg and this fact is sufficient to falsify the stand of the prosecution that only 28,560 capsules, weighing 1.428 kg, were found.

10. According to applicant-Sahil Goswami, the fact that as per the prosecution case, no other material was found in the said courier, is sufficient to falsify the case of the prosecution.

11. Pointing out the defect in the investigation, it is the further case of the applicants that in the malkhana register, there is no reference to DD No.26 that no NCB-I 6 2025:HHC:2302 Form, GR No.59051 and invoice of JP Pharma were ever deposited. Similarly, according to the applicant, there is shortcoming in the investigation, qua the fact that no evidence, regarding conversation, between Virender Kumar @Bindu and Vishal Sharma on 12.09.2023, has been placed on record. Likewise, no record, regarding conversation of applicant-Sahil Goswami with Aman Kumar, is stated to have been placed on record and the prosecution has wrongly relied upon the CDRs of Ranjit Singh, who has daily conversation with Aman Kumar, having employer-employee relationship, between the two.

12. It is the further case of the applicants that no incriminating data was recovered from the mobile phone of applicant-Sahil Goswami. Apart from this, they have also pointed out the alleged substantial variation in weight and manufacturer of contraband, alleged to have been seized, on 15.09.2023 and 16.09.2023. In this regard, they have drawn a comparative table and further pleaded that in the inventory and certificate, issued under Section 52A of NDPS Act, totally different version has been recorded.

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13. It is the further case of the applicants that they have also highlighted the discrepancies in the date of seizure of second contraband, as per the prosecution case, from delivery register, maintained by Jaswal Goods Carrier.

14. According to applicant-Rishabh Jain, there is no transcript of the WhatsApp call, between him, his co- accused namely Vishal Sharma and Mohammad Siraj. He has also taken the plea that there is no evidence to substantiate that the contraband i.e. 25,000 Clovidol capsules were ever sent to Delhi from Muzaffarnagar, through New Ambe Transport.

15. It is the further case of applicant-Rishabh Jain that the provisions of Section 42(2) of the NDPS Act were not complied with. Similarly, alleged non-compliance of Section 52A of the NDPS Act has also been put forward, as one of the grounds to get the relief of bail. There is variation in weight and manufacturer of contraband, alleged to have been seized, on 15.09.2023 and 16.09.2023. The copy of GR No.59198 has not been retrieved from the phone of co-accused Mahasu Ram and Virender Kumar @Bindu.

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16. Lastly, it has been pleaded by the applicants that there is complete non-compliance of Section 50 of the NDPS Act.

17. On the basis of above facts, a prayer has been made to allow the applications, as prayed for.

18. When, put to notice, police has filed the status report, disclosing therein that on 15.09.2023, at about 07:30 p.m., the I.O. was present on the gate of Shiv Bari temple. At that time, he received a secret information, with regard to indulgence of one Varinder Kumar @ Bindu, s/o Shri Vikram Chand, R/o ward No. 5, NAC Gagret, Tehsil Ghanari, District Una, in the business of selling the narcotic substance.

18.1. As per the information, a big haul of the medicines was being transported in Pick Up No.HP36-B- 8124 to his residential house from Army Ground, Gagret. The said information was found to be authentic and reliable. It has also been informed that in case, the said vehicle is checked, large quantity of the narcotic substances, could be recovered.

18.2. It is the further case of the police that in case, 9 2025:HHC:2302 the efforts to obtain the authorization letter/search warrant would have been made, in that eventuality, contraband could be removed. Thereafter, Drugs Inspector Rajat Sharma was informed and asked to come near the Army Ground. Thereafter, the I.O. along with the police officials had proceeded towards the Army Ground, Gagret. The information under Section, 42(2) of the NDPS Act, was prepared and submitted to SDPO, Amb, through LHC Aruna Kumari, ANTF, Kangra. When, the I.O., along with police officials, reached outside the Army Ground, Gagret, at about 08:10 p.m, he noticed two persons, namely Avinash Bhardwaj and Kusum Lata, who is Vice-President of Nagar Panchayat, Gagret. Both of them were apprised about the secret information, as received by the I.O. and associated in the investigation of the case. 18.3. When, they entered the Army Ground, then, they noticed the aforesaid Pick Up, being driven by its driver, coming towards Army Ground. The I.O., with the help of other police officials, had stopped the said vehicle. In the meanwhile, Drugs Inspector Rajat Sharma also reached there, who was also associated in the 10 2025:HHC:2302 investigation, in the presence of local witnesses. The I.O. has shown his identity card to both the persons, sitting in the vehicle. Thereafter, they were inquired about the white plastic sack. Both of them had disclosed that this box (builty) belongs to Varinder Kumar @Bindu, S/o Shri Vikram Chand. In the presence of these witnesses, both the said persons were directed to come out. Thereafter, a white coloured sack was opened and a cardboard box, containing 60 cardboard boxes were found in it, and in the other box, 59 cardboard boxes, were found. Drugs Inspector Rajat Sharma checked the aforesaid boxes, in the presence of the witnesses, and on opening the boxes, Capsules Paracetamol, Dicyclomine, Hydrocholride and Tramadol Hydrochloride capsules Proxywel spas were found. Total 14,400 capsules were found in the box, which has been marked as mark-I. In the other box, which has been marked as mark-2, 14,160 capsules were found. Thus, total 28,560 capsules were found. 18.4. On inquiry, the driver of the pick-up disclosed his name as Maan Singh, S/o Munna Ram, VPO Gagret, Tehsil Ghanari, District Una.

11 2025:HHC:2302 18.5. Other codal formalities were completed. Thereafter, ruqqa was prepared and submitted to Police Station, Gagret, for the registration of the FIR. 18.6. Initially, the investigation was conducted by the Additional S.P. Rajender Kumar and thereafter, the same was handed over to I.O./Inspector/Incharge, Police Station, Gagret, Sh. Sunny Guleria. Spot map was prepared. Accused Maan Singh and Mahasu Ram were enquired. Thereafter, the matter was inquired from Bhupender Dutta, S/o Sukhdev Chand Dutta, who was running a chemist shop in Gagret. He was also associated in the investigation. During investigation, accused Mahasu Ram disclosed that the photo of goods receipt of the parcel was forwarded to him by Varinder Kumar @Bindu, through WhatsApp, and he was directed to receive the said parcel from Kamal Transport, Gagret, and hand over the same to Varinder Kumar at his home.

18.7. On enquiry, Bhupender Dutta disclosed that the parcel containing contraband belong to Varinder Kumar @Bindu. However, the bill of the same was issued in the name of Dutta Medical Agency, Gagret. In lieu of the 12 2025:HHC:2302 issuance of bill, Varinder Kumar @Bindu used to pay five boxes of Tramadol free of cost to him.

18.8. It is the further case of the police that a number of persons were found involved in the case. Accused Varinder Singh (Bindu) was arrested on 15.09.2023 at about 10:30 p.m. All the four persons have been medico- legally examined. On 16.09.2023, they were produced before the Court of learned Chief Judicial Magistrate, Una, who had remanded them to Police custody, for three days. 18.9. On 16.09.2023, one Vishal Jaswal informed the police that one parcel in the name of Dutta Medical Agency has been received through Kamal Transport, upon which, Assistant Drugs Inspector Shashi Pal reached at the spot, where, the owner of Kamal Goods, through Vishal Jaswal, has produced one parcel, along with carbon copy of GR No.A59198, dated 14.09.2023, and one bill of Jan Priya Pharma, 27/16, Chhoti Sabzi Mandi, Janakpuri, New Delhi, to the police. Said bill was in the name of Dutta Medical Agency, Gagret. When, the said parcel was opened in the presence of witnesses, the same was found, containing 25,000 tablets of Tramadol Hydrochloride 13 2025:HHC:2302 tablets 100 mg Clovedol 100 SR, which is a prohibited drug. The above medicines were taken into possession. 18.10. Thereafter, on 16.09.2023, the house of Varinder Singh @Bindu was searched and during search, 210 boxes of liquor/beer were recovered. In this regard, FIR No.127 of 2023, dated 16.09.2023, under Section 39-A of the HP Excise Act was registered.

18.11. During investigation, mobile phones of accused, bearing Nos.9816042336, 8278733069, 8580581311, as well as, phone of accused Maan Singh, bearing No.9816503646 and of Bhupender Dutta, bearing No.9816956481, were taken into possession. 18.12. During investigation, it was found that according to GR No.A59051, dated 12.09.2023, and GR No.A59198, dated 14.09.2023, parcel received through Kamal Goods Carrier, Delhi, in the name of Dutta Medical Agency, Gagret, were forwarded by Jan Priya Pharma 27/16 Chhoti Sabzi Mandi, Janakpuri, New Delhi. However, when, the I.O. verified the said fact, it was found that the said bills were not issued by the said firm. 18.13. On 20.09.2023, shop of Bhupender Dutta was 14 2025:HHC:2302 searched. During search, documents, pertaining to GR No.58021, dated 23.08.2023 and invoice No.00325, dated 23.03.2023, were found to be issued by Jan Priya Pharma Company. However, as per these invoices, these medicines were not found in the medical store.

18.14. As per letter of the Director General of Police, Himachal Pradesh, dated 26.09.2023, investigation of the case was transferred to CID. Consequently, a Special Investigating Team, under the leadership of Praveen Dhiman, HPS, Additional S.P., Cyber Crime, was constituted. On 30.09.2023, the Special Investigation Team had taken over the investigation.

18.15. During investigation, it was found that recovered parcels, containing prohibited drugs were received at Jaswal Goods Carrier, Gagret, through Kamal Goods Carrier. It was also found that in the name of Dutta Medical Agency, other transports have also received consignment/parcels.

18.16. It was also found that Varinder Kumar was earlier running Chemist shop, under the name and style of 'Siddhi Vinayak', and now, he is running the same, under 15 2025:HHC:2302 the name and style of 'M.B. Pharma'. In this regard, delivery register and challan forms were also obtained. On perusal of the same, it was found that through these transports, consignment/parcels, worth crores of rupees, were found, in the name of Sidhi Vinayak, M.B. Medicine and Dutta Medical Agency.

18.17. The contraband, so recovered, was sent to SFSL, Junga. Weight of the parcel was found to be 15.681 kg. The said drug was found to be sample of Tramadol capsules. In addition to this, the weight of the parcels, which has been marked as mark-B, containing Clovedol 100 SR, was found to be 8.450 kg. Manufacturer of the same was found to be the Akums Drugs and Pharmaceuticals IIE SIDKUL Haridwar. Consequently, company officials of Pure & Cure Healthcare Pvt. Ltd., Plot No.26A, 27-30 Sector 8A, IIE SIDKUL, Haridwar were associated in the investigation. On enquiry, it was found that their company is the subsidiary of Akums Drugs & Pharmaceuticals Ltd. Company. The factory of batch No.P06CA09 was not found to have manufactured Proxywel Spas medicine.

16 2025:HHC:2302 18.18. As per the further stand of the police, from the recovered strips, eight digit number is found to be marked, which was 20130552. As per officials of the company, number 20130552 was the unique number of their company, being packing material Artwork Code number. The company used to get printed lay out from UTS Foils and Packaging and Perfect Print Pack. Similarly, police has also got haul of Clovidol tablets. However, batch number was found to be erased. The other 8 digit number 20161349 was found to be printed on it. About this number, the company officials disclosed that this number is packing material Artwork Code number. The company used to get the said design Artwork from Shree Ji Enterprises.

18.19. During investigation, the I.O. also found that the applicants have smuggled the psychotropic substance from Jan Priya Pharma through Kamal Goods Transport. These parcels were not sent by Jan Priya Pharma, Delhi, nor, any invoice was found in their shop. 18.20. During investigation, it was found that on 14.09.2022, when, the police recovered the substance from 17 2025:HHC:2302 vehicle No.HP36-B-8124, Varinder Kumar has forwarded GR No.59051, dated 12.09.2023 and GR No.A59198, dated 14.09.2023 to Mahasu Ram, on his phone, through WhatsApp. Applicant-Sahil Goswami directed Mahasu Ram to receive parcel bearing GR No.59051, dated 12.09.2023, and GR No.59198, dated 14.09.2023. In the mobile handset, which was taken into possession from Mahasu Ram, photos of aforesaid GR Nos were found, whereas, in the mobile phone, of the applicant, photographs of aforesaid GR Nos. were not found. Both these handsets and GR Nos. have been sent to RFSL, Dharamshala, for analysis.

18.21. During investigation, it was found that the handset, on which, Varinder Singh @Bindu on 14.09.2023, had forwarded the photographs of aforesaid GR Nos. were having two sim cards, bearing No.9816042336 and 8278733069. The IMEI number of these two slots were found to be 864372062985240 and 864372062985250, whereas, Varinder Singh @Bindu on 15.09.2023, produced the phone mark OPPO, bearing IMEI No.866114046756195 and 866114046756187.

18 2025:HHC:2302 18.22. According to the police, variation in these numbers was due to the fact that he used to conceal mobile handset for transporting the drugs through Mahasu Ram and produce some other mobile phones to the Police. These facts have been highlighted to show that accused is very clever person and he may destroy the evidence. It was also found during investigation that mobile handset, with the help of which, Varinder Singh @ Bindu has forwarded the WhatsApp messages to Mahasu Ram, in that mobile handset, w.e.f. 15.09.2023 to 06.10.2023, mobile phones No.8627872324 and 7807786506 were found to be operating, whereas, according to customer application form, aforesaid mobile numbers were issued in the name of one Abhishek, s/o Ambika Prasad. Mobile No.7807786506 was found in the name of Nisha Devi wife of Tilak Raj. 18.23. On 15.10.2023, search warrant of house and shop of applicant-Sahil Goswami was obtained. During search, some objectionable documents were found and Indian currency of Rs.4,42,700/- and foreign currency of Rs.1,40,000/- was found. On inquiry, Meenakshi Sharma could not give satisfactory reply. However, she has 19 2025:HHC:2302 produced empty box of OPPO, on which, IMEI 864372062985252 and 864372062985245 were found to be printed. It has also been found that Varinder Singh @Bindu, in the name of Dutta Medical Agency had transported the consignment worth crores of Rupees from Jan Priya Pharma, between 2020 to 2023. These facts have been highlighted just to show that these are forged documents.

18.24. During investigation, Police also found that accused Varinder Singh @Bindu used to transport the drugs, worth crores of rupees, through 42 consignments, under the name of Dutta Medical Agency, Gagret, through Jan Priya Pharma 27/16, Chhoti Sabzi Mandi, Janakpuri, New Delhi. The invoice No. of all the 42 consignment was found to be 000325. This fact has been highlighted to show that the said bill was forged one.

18.25. The SIT agency, which has been constituted to investigate the case, has also perused the CCTV footage of 'Kamal Goods Carrier, Delhi' on 10.11.2023. On invoice, which was found on 14.09.2023, one person was found to have visited the office of Kamal Goods Carrier, Lahori Gate, 20 2025:HHC:2302 Delhi. At the instance of one Onkar Upadhyay, he had booked one parcel, in the name of Dutta Medical Agency, Gagret, District Una. When, he was associated in the investigation, his statement, under Section 161 CrPC, was recorded. He has disclosed, in his statement, that owner of JP International, applicant-Rishabh Jain has handed over one parcel, along with two invoices of Jan Priya Pharma, upon which, address of Dutta Medical Agency was given. All these articles, along with invoices, were handed over to Kaptaan Singh, who has booked the same for transportation with Kamal Goods Carrier, Lahori Gate, Delhi.

18.26. Thereafter, applicant-Rishabh Jain was also arrested. In his mobile phone, a picture of GR No.A 59198, dated 14.09.2023 and one invoice in the name of Jan Priya Pharma was found. Consequently, said applicant-Rishabh Jain was also arrested.

18.27. On 15.11.2023, his mobile phone and laptop were taken into possession. During investigation, said applicant-Rishabh Jain has disclosed that he used to send the consignment of drugs to Varinder Singh @Bindu, at the 21 2025:HHC:2302 instance of Vishal Sharma. The modus operandi was to send the consignment and to forward the same to Jan Priya Pharma, in the name of Dutta Medical Agency, Gagret.

18.28. At the instance of Vishal Sharma, his friend applicant-Sahil Goswami has also forwarded the consignment of narcotic drugs on 12.09.2023 to Varinder Singh @ Bindu, on the address of Dutta Medical Agency, Gagret, District Una. Search for applicant-Sahil Goswami was made on 25.11.2023.

18.29. Accused/applicant Rishabh Jain has purchased 50 boxes of Tramadol, for a sum of Rs.1,23,000/-. The said payment was made by applicant- Rishabh Jain, from his account, maintained in HDFC Bank.

18.30. It has also been mentioned in the status report that on the basis of CDR records, it was found that applicant-Sahil Goswami was in constant touch with Vishal Sharma, on mobile phone. According to the police, they had talked to each other on 43 occasions, between 01.10.2022 to 16.11.2023.

22 2025:HHC:2302 18.31. It is the further case of the police that when, applicant-Sahil Goswami joined the investigation, he was directed to produce the mobile phone, upon which, he has handed over Nokia mobile phone. However, when he was enquired about the phone, on which, he was using WhatsApp, then, he has produced one Samsung mobile phone.

18.32. On checking the IMEI number of the said Samsung mobile phone, the IMEI number of the phone, allegedly used by him, on 12.09.2023, was found to be different. On 18.12.2023, he has produced two mobile phones, but, both the mobile phones were not found to be working. As such, according to the police, IMEI of the said mobile phones could not be checked.

18.33. Another apprehension, which has been expressed in the status report, is that the quantity of contraband, recovered in the present case, is commercial quantity, and in case, the bail application is allowed, it will give a wrong signal to the society, and acceptance of the bail application will also encourage other persons to indulge in such type of activities.

23 2025:HHC:2302 18.34. Apart from this, it has also been apprehended that in case, the bail applications are allowed, the applicants may coerce the witnesses and may leave the country.

18.35. As per the status report, Crime Branch of State Intelligence Department has filed the chargesheet, against 8 accused namely Man Singh, Mahasu Ram, Bhupinder Dutta, Virender Kumar @Bindu, applicant-Rishabh Jain, Mohammad Siraj, applicant-Sahil Goswami and Vishal Sharma, for being involved in the inter-state drug smuggling on fake invoices and for having drugs in the vehicle pick up, in the Court of learned Special Judge-I, Una, on 11.03.2024 and now the case is stated to have been fixed for consideration on charge for 02.12.2024.

19. On the basis of above facts, a prayer has been made to dismiss the applications.

20. In this case, an application was moved for producing certain documents by the prosecution. Consequently, the said documents have also been placed on record.

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21. On the basis of the said documents, it has been argued that the Investigating Officer, who had prepared the recovery memo of 25,000 tablets Tramadol Hydrochloride USP 100 mg Clovedol 100 SR, on 16.09.2023, has mentioned the fact that those tablets were manufactured by Venus Labs, Shop No.F-36/37, First Floor, Plot No.3003/3, 3003/4, Real Square, Bhadkodara, Ankleshwar Bharuch-392155, whereas, according to the document i.e. order dated 18.09.2023, passed by the Court of learned JMFC, Court No.II, Amb, District Una, H.P., before whom, the proceedings, under Section 52(A)(2) of the NDPS Act, were conducted, the total weight of the first recovery, which allegedly had taken place on 15.09.2023, has been mentioned as 9.282 kg. The total weight of the second recovery, which had allegedly taken place on 16.09.2023, has been mentioned as 11.782 kg. Manufacturer of the same has been mentioned as Venus Labs, Shop No.F-36/37, First Floor, Plot No.3003/3, 3003/4, Real Square, Bhadkodara, Ankleshwar Bharuch- 392155, but, in the SFSL, Junga, the name of manufacturer has been mentioned as 'Akum Drugs & 25 2025:HHC:2302 Pharmaceuticals Ltd., 19,20,21, Sec-6A, IIE, SIDCUL, Ranipur, Haridwar-249403. This fact has been highlighted to show that the same contraband was not sent to SFSL, Junga.

22. Per contra, Mr. Tejasvi Sharma, learned Additional Advocate General, appearing for the State, who submitted the short notes, in this case, has argued that due to the bona fide mistake/over-sightedness, the name of Venus Labs has been mentioned as manufacturer, whereas, it should have been marketed by Venus Lab, as, the names of manufacturer 'Akum Drugs & Pharmaceuticals', as well as, 'Venus Labs' have been mentioned on the strip. Even otherwise, this fact will be clarified, during the trial, when, the case property will be produced, before the learned trial Court.

23. Even otherwise, the name of Venus Labs has been mentioned, over the photographs of the contraband. The words 'Venus Lab' are prominently visible, whereas, the words 'Akum Drugs & Pharmaceuticals' have been mentioned in smaller font. The enlarged photographs, 26 2025:HHC:2302 clicked by the IO, have been placed on record, by the IO, which were ordered to be annexed with case file.

24. In addition to this, much has been argued by the learned counsel, appearing for the applicants, that on account of non-compliance of the mandatory provisions of Section 52A of the NDPS Act, the applicants are entitled for the relief of bail. The said arguments of learned counsel for the applicants are liable to be rejected, as, the Hon'ble Supreme Court, in Criminal Appeal No.5544 of 2024, titled as 'Narcotics Control Bureau versus Kashif', decided on 20.12.2024, Neutral Citation No.2024 INSC 1045, has held that even the procedural irregularity or illegality, found to have been committed, in conducting the search and seizure, during the course of investigation, by itself, would not make the entire evidence, so collected, during the course of investigation, inadmissible. For that, the applicants have to show the serious prejudice. Relevant paragraphs 8 and 39 of the said judgment are reproduced, as under:-

"8. There has been consistent and persistent view of this Court that in the NDPS cases, where the offence is punishable with minimum sentence of ten years, the accused shall generally be not released on bail. Negation 27 2025:HHC:2302 of bail is the rule and its grant is an exception. While considering the application for bail, the court has to bear in mind the provisions of Section 37 of the NDPS Act, which are mandatory in nature. The recording of finding as mandated in Section 37 is a sine qua non for granting bail to the accused involved in the offences under the said Act. Apart from the granting opportunity of hearing to the Public Prosecutor, the other two conditions i.e., (i) the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and that (ii) he is not likely to commit any offence while on bail, are the cumulative and not alternative conditions.

          xxx            xxx           xxx             xxx
39. The   upshot    of   the   above   discussion   may      be
summarized as under:

(i) The provisions of NDPS Act are required to be interpreted keeping in mind the scheme, object and purpose of the Act; as also the impact on the society as a whole. It has to be interpreted literally and not liberally, which may ultimately frustrate the object, purpose and Preamble of the Act.

(ii) While considering the application for bail, the Court must bear in mind the provisions of Section 37 of the NDPS Act which are mandatory in nature. Recording of findings as mandated in Section 37 is sine qua non is known for granting bail to the accused involved in the offences under the NDPS Act.

(iii) The purpose of insertion of Section 52A laying down the procedure for disposal of seized Narcotic Drugs and Psychotropic Substances, was to ensure the early disposal of the seized contraband drugs and substances. It was inserted in 1989 as one of the measures to implement and to give effect to the International Conventions on the Narcotic drugs and psychotropic substances.

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(iv) Sub-section (2) of Section 52A lays down the procedure as contemplated in sub-section (1) thereof, and any lapse or delayed compliance thereof would be merely a procedural irregularity which would neither entitle the accused to be released on bail nor would vitiate the trial on that ground alone.

(v) Any procedural irregularity or illegality found to have been committed in conducting the search and seizure during the course of investigation or thereafter, would by itself not make the entire evidence collected during the course of investigation, inadmissible. The Court would have to consider all the circumstances and find out whether any serious prejudice has been caused to the accused.

(vi) Any lapse or delay in compliance of Section 52A by itself would neither vitiate the trial nor would entitle the accused to be released on bail. The Court will have to consider other circumstances and the other primary evidence collected during the course of investigation, as also the statutory presumption permissible under Section 54 of the NDPS Act."

(self-emphasis supplied)

25. At the time of deciding the bail application, minute scrutiny of the evidence, so collected by the prosecution, should be avoided, as, the same is the sole prerogative of the learned trial Court. Moreover, the detailed discussions, about the evidence, so collected, would adversely affect the case of the prosecution, as well as, the case of the accused. At the time of deciding the bail application, mini trial is prohibited.

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26. Considering all these facts, this Court is of the view that the applicants are not able to make out the case, according to which, this Court can said that the applicants have not committed the offence and in case, they are ordered to be released, on bail, they may not commit any offence. As such, in the absence of the satisfaction of the twin conditions, the applicants are not held entitled for any relief.

27. Consequently, the present bail applications are dismissed.

28. Any of the observations, made hereinabove, shall not be taken, as an expression of opinion, on the merits of the case, as, these observations are confined only to the disposal of the present bail applications.

29. Copy of this order be placed in the connected case file i.e. CrMP(M) No.2429 of 2024.

30. Record be returned to the quarter concerned.

( Virender Singh ) Judge January 10, 2025 (Gaurav Thakur)

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Himachal Pradesh High Court