Delhi High Court - Orders
Manish Himmat Bhai Viradia vs Ncb Through Io on 6 December, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3025/2025
MANISH HIMMAT BHAI VIRADIA .....Petitioner
Through: Mr. Vikram Pawar, Mr. Manish
Makkar, Mr. Parmod Verma, Mr.
Nagender, Advs.
versus
NCB THROUGH IO .....Respondent
Through: Mr. Arun Khatri, SSC with Mr.
Shelly Dixit.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
ORDER
% 06.12.2025
1. The present application under Section 483 BNSS [Section 439 Cr.P.C.] has been filed by the petitioner seeking regular bail in case SC No. 22/2025 arising out of Crime No. VIII/26/DZU/2024 registered by the respondent/Narcotics Control Bureau [NCB] for offences under Sections 8/22/29 of the NDPS Act.
Brief Facts
2. The prosecution case, in brief, is that on 23.07.2024, NCB acting upon secret information seized 7,97,400 Alprazolam tablets from parcels booked under Air Way Bill (AWB) No. D02350865 at DTDC Couriers, Samalkha, New Delhi. Upon inspection, the sender was shown as Berkeley Agencies, Dehradun and the receiver was Ajay Pandey, whose address was found non-existent. Subsequent inquiry revealed that accused Amar Thakur allegedly attempted to obtain delivery of the parcels, but he was later apprehended.
This is a digitally signed order.
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3. Based on Amar Thakur's disclosure, the role of the present petitioner surfaced that he was allegedly supplying psychotropic substances, including Alprazolam through his company namely Varni Medical Agency, in violation of the conditions of his drug license, which were then diverted through Berkeley Agencies and other entities. The petitioner was eventually arrested on 05.11.2024 and has remained in custody since then. Investigation has since been completed and chargesheet has been filed before the learned Trial Court.
4. The petitioner's application for regular bail was dismissed by the learned ASJ/Special Judge, NDPS, North, Patiala House Courts, Delhi ["trial court"] vide order dated27.05.2025, primarily on the ground of seriousness of the allegations. Being aggrieved, the petitioner has filed the present bail application.
Submissions on behalf of the Petitioner
5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is submitted that the petitioner is a licensed trader holding valid Drug Licence Nos. 232621 (20B) and 232622 (21B) issued under the Drugs and Cosmetics Act, 1940, which are valid until 18.01.2029. It is argued that Varni Medical Agency i.e. petitioner's company sold Alprazolam only to Viva Sales, not to Berkeley Agencies. Payment records relied upon by NCB itself, allegedly show that the payment came from Viva Sales, not Berkeley Agency.
6. It is averred that Viva is not a non-existent entity, and that no clarification was ever sought by NCB from the Drugs & Cosmetics Department regarding the legality of the sale. He contends that Viva Sales held a valid drug licence, and it is not the petitioner's duty to verify This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 21:14:46 whether the said licence was procured on forged documents. The seller's statutory obligation ends once the purchaser holds a valid licence. It is further urged that all relevant registers and statutory records of sales were duly maintained. The petitioner cannot be faulted if Viva or Berkeley subsequently misused the medicines for further unauthorized sales.
7. It is submitted that the alleged mastermind Paras has already been enlarged on bail, and parity must therefore apply. It is also argued that Section 37 NDPS Act does not bar grant of bail in the facts of this case because there is no recovery from the petitioner, no conscious possession, and no material showing his knowledge of any illicit diversion.
8. The petitioner has been in custody for last over 01 year. Since the investigation stands concluded and the charge-sheet has been filed, his further detention would amount to violation of his fundamental right under Article 21. Hence, grant of bail is prayed for.
Submissions on behalf of the Respondent/NCB
9. Per contra, learned Senior Standing Counsel for the Respondent/NCB strongly opposes the bail application of the petitioner and submits that the case concerns the recovery of an exceptionally large quantity comprising of 7,97,000 Alprazolam tablets, which constitutes commercial quantity under the NDPS Act, thereby attracting the statutory embargo under Section 37.
10. It is submitted that although the petitioner's firm, Varni Medical Agency, appears on the face of it to hold a valid drug licence under the Drugs and Cosmetics Act, the investigation has revealed that the manner in which the petitioner effected sales is in violation of condition 4(ii) of the licence, which mandates that medicines may only be supplied to duly authorised entities. The petitioner, however, supplied psychotropic drugs This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 21:14:46 to Berkeley Agencies and Viva Sales both of which were found to be unauthorised and fraudulently licensed entities.
11. Ld. SSC submits that inquiry was conducted regarding the existence and licensing status of the said entities. As reflected in the status report, NCB issued letters to the concerned authorities. In response, Amritsar Eye Clinic categorically stated that the certificate purportedly issued in favour of one Kamal Taneja, shown as a pharmacist for Viva, was not genuine, that their official letterhead had been stolen/misused, and that Kamal Taneja was neither employed with nor known to them. This demonstrates that the drug licence of Viva is forged.
12. It is further submitted that Viva Sales is in fact non-existent, and both Viva Sales and Berkeley Agencies were incorporated at the instance of the petitioner and co-accused Paras solely to fabricate a paper trail for the illicit sale of psychotropic substances. Reliance is placed on the petitioner's own statement, wherein it is stated that these firms were created only for routing transactions.
13. Ld. SSC contends that although Berkeley Agencies is projected as belonging to Paras, the individual operationally handling it was one Sahil, and this arrangement was orchestrated to disguise the true control and to enable diversion of contraband.
14. It is submitted that the conspiracy is further revealed through voluminous WhatsApp chats recovered from the mobile phone of co- accused Paras, wherein the petitioner's own mobile number appears, and the chats contain references to placement and backdating of orders, payment details etc. This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 21:14:46
15. The investigation has also revealed that the petitioner failed to maintain statutory stock registers and several prescriptions relied upon to justify procurement or sale were forged. This establishes that the petitioner was not conducting a bona fide pharmaceutical business but was actively engaged in controlled-psychotropic substance diversion.
16. It is further submitted that the petitioner's attempt to characterize the case as a mere licensing irregularity is wholly misconceived. The magnitude of contraband, forged documents, shell entities, and hawala transactions clearly demonstrate that it is a case of organized drug trafficking.
17. Relying on the Nominal Roll, Ld. SSC brings it to the Court's attention that the petitioner is also involved in another crime of similar nature in FIR No. 2011/2024 under sections 8C/22C/28/29 NDPS Act, registered at PS NCB Mumbai, thereby indicating his propensity to commit crime.
18. It is submitted that given the recovery of commercial quantity, the forged documents, the digital evidence showing coordination with co- accused, the financial transactions routed through hawala, and the misuse of fraudulent licences, the twin conditions of Section 37 NDPS Act are not satisfied, and no reasonable grounds exist at this stage to believe that the petitioner is not guilty or will not commit an offence if released on bail. Analysis & Conclusion:
19. The allegation against the present applicant is that he is running Narcotic Drug Syndicate with co-accused persons and had diverted 7,97,400 Alprazolam Tablets to Paras @ Bharat without license.
20. The manufacturer record obtained from Aran Pharma, Gwalior confirmed that the seized batch of Alprazolam Tablets were supplied to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 21:14:46 Varni Medical Agency. Applicant is the owner of the said agency, from whom, the entire seized quantity of 7,97,400 Alprazolam Tablets in commercial quantity originated, thus establishing a direct traceable supply chain linked to the petitioner
21. Varni Medical Agency has the license (Annexure A-5) to sell drugs other than those specified in (Schedule C, C(1) & (X).
22. Investigation has revealed that instead of lawful distribution, the petitioner knowingly diverted the psychotropic substances to co-accused Paras @ Bharat without license, without invoices and through fabricated purchase orders, thereby, directly facilitating illegal trafficking and concealment of true movement of contraband. As per guidelines issued by the Government, supply of Schedule-H drugs should be recorded in a separate register and it should be opened for inspection. However, no such register was maintained by the present petitioner.
23. Investigation has found that although Varni Medial Agency was operating under a valid drug license, the said license was systematically misused for the illicit procurement and trafficking of psychotropic/medical substances with intent of securing exorbitant profits. The modus operandi undertaken in consultation with co-accused persons involved the procurement of license in the name of entity such as Viva Sales & Berkeley, which upon verification, were found to be non-existent on the ground. Furthermore, during verification process, the documents purportedly submitted before the licensing authority were discovered to be forged and fabricated, thereby, demonstrating collusive conduct of the petitioner with the other accused persons.
24. WhatsApp Chat between the petitioner and co-accused Paras @ This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 21:14:46 Bharat has been found. From perusal of the WhatsApp chat, both were found to be in contact through WhatsApp voice call. On 17.06.2024, Paras sent purchase orders of medicines and the same were deleted by the petitioner and he shared the message to Paras "Sampex 320 Ka PO send kar dena." On further analysis of the WhatsApp chat, it was found that on 25.01.2024, petitioner had requested for back-dated POs. He again requested the same in a message dated 26.01.2024 and received reply dated 27.01.2024 as 'PO', 'mail done'. Further, on 05.03.2024, he sent message "payment transfer kiya hai kya aaj?" and reply came "Hanji".
25. Section 37 of the NDPS imposes two mandatory conditions, commonly referred to as the 'twin tests', which must be satisfied before the bail can be granted, such conditions being that there exists a reasonable ground for believing that the accused is not guilty of the alleged offence and that he is not likely to commit any offence while on bail.
26. Petitioner is also a suspect in another NDPS case at Mumbai. In the light of the material unearthed during investigation, it cannot be observed that no reasonable ground exist to believe that petitioner is not guilty or will not commit an offence, if released on bail. Thus, in the opinion of the Court, petitioner has failed to cross the rigors of Section 37 NDPS Act.
27. Hence, considering the nature and gravity of the offence, the role played by the present petitioner and the fact that the trial is still at a nascent stage, inasmuch as, charge is yet not framed, no ground is made out for grant of bail to the petitioner at this stage.
28. The application is therefore dismissed.
RAVINDER DUDEJA, J DECEMBER 6, 2025/AK This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 21:14:46