Punjab-Haryana High Court
Parshotam Lal Goyal vs Union Of India Through Narcotic Control … on 16 February, 2026
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM- 59063-2025 (O&M)
CRM-M-59063-
Parshotam Lal Goyal
....Petitioner
Petitioner
versus
Union of India through Control Bureau, Amritsar Zonal Unit
....Respondent
Date of Decision: February 16,
16, 2026
Date of Uploading: February 17, 2026
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present:-
Present: Mr. R.S. Rai, Senior Advocate with
Mr. Farhad Kohli, Advocate for the petitioner.
Mr. Sourabh Goel, Special Public Prosecutor
Prosecutor, NCB with
Ms. Anju Bansal, Advocate,
Ms. Geetika Sharma, Advocate,
Ms. Himanshi Gautam, advocate,
Ms. Sakshi Gautam, Advocate and
Ms. Samriddhi Jain, Advocate for the respondent - NCB.
*****
SUMEET GOEL,
GOEL, J. (ORAL)
Present petition has been filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’
‘BNSS’) for grant of
anticipatory bail to the petitioner(s),
petitioner in NCB Crime Case No.4/2025 dated
07.02.2025,, registered under Sections 8, 8-A, 21, 22, 23, 25, 26, 27-A, 27-B,,
29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for
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short ‘NDPS Act‘), at Police Station Narcotics Control Bureau, Amritsar
Zonal Unit, District Amritsar.
2. As per case setup by the Narcotics Control Bureau, the complaint
in question involves recovery of commercial quantity of contraband, details,
whereof reads thus:
Sr. Date of Seizure Place of Seizure Drug seized
No.
1. 07.02.2025 At Peer Baba Dargaah, 5,000 tablets of Tramadol Hydrochloride
Thathiya Near Petrol
Pump, Jandiala Tarn
Taran Road, Amritsar
2. 08/09.02.2025 J R Pharmaceuticals, 16,860 tablets of Tramadol Hydrochloride
Plot No. – 27, Sector-7,
IIE, Sidcul, Haridwar.
3. 09.02.2025 J R Pharmaceuticals, 187 bottles of Barcadin (with codeine) 100ml
Plot No. – 27, Sector-7, and 140 bottles of CSP (with codeine) 100 ml.
IIE, Sidcul, Haridwar.
4. 15.02.2025 J R Pharmaceuticals, 80.720 Kgs of Tramadol Hydrochloride loose
Plot No. – 27, Sector-7, tablets
IIE, Sidcul, Haridwar.
5. 17 to J R Pharmaceuticals, 8,89,064 bottles of Codenie Phosphate Cough
28.02.2025 Plot No. – 27, Sector-7, Syrup 100ml.
IIE, Sidcul, Haridwar.
6. 28.03.2025 IKON Pharmachem 240 tablets of Alprazolam and 1560 tablets of
Pvt. Ltd. Selaqui, Tramadol Hydrochloride
Dehradun
7. 29.03.2025 Shop No. – F27, 1,24,200 tabelts of Alproazolam
Transport Nagar, Sewla
Kalan, Dehradun,
Uttarkhand.
8. 18 to J R Pharmaceuticals, 11,693 Bottles of Codeine Phosphate Cough
20.04.2025 Plot No. – 27, Sector-7, Syrup and 2.982 Kgs of White Powder of
IIE, Sidcul, Haridwar. Tramadol (Suspected).
9. 10 to IKON Pharmachem 931 packets containing approx. 156,465 bottles
17.06.2025 Pvt. Ltd., Selaqui, of CBCS, approx. 178,9600 tablets of
Dehradun Psychotropic medicine, raw material of 304.94
Kg Tramadol Hcl, 44.47 Kg of Codenie
Phosphate, 7.04 Kg Alprazolam and approx 643
Kg raw materials of other psychotropic &
narcotics hold in process product
10. 12.08.2025 M/s Digital Vision, 176 1,368 capsules of Tramadol + 16 bottles of
Mouza Ogli, Nahan Codeine Phosphate Cough syrup
Road, Kala-amb,
Sirmour, HP
11. 09/ 10.11.2025 M/s Vellinton 50,000 ampoules (2 ml each) 100 mg Tramadol,
Healthcare, Vill- 5,000 Vials (10 ml each) Midazolam, 12.060 Kg
Rampur Jatan, of Tramadol HCL, 0.300 Kg of Midazolam
Trilokpur Road, Kala- Hydrochloride, 0.980 Kg of Lorazepam, 0.570
amb, Sirmour, HP Kg of Diazepam, 1.050 Kg of Pentazocine
powder
12. 11.10.2025 M/s Digital Vision, 176
Mouza Ogli, Nahan2 of 11
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Road, Kala-amb,
Sirmour, HP
13. 12.11.2025 to M/s Digital Vision, 176 12 lakhs tablets of NRx/ Psychotropic medicine
16.11.2025 Mouza Ogli, Nahan and 150.62 Kg of NRx/ Psychotropic Raw
Road, Kala-amb, materials, 23.674 Kg of Dispensed Psychotropic
Sirmour, HP Raw materials, 165.840 Kg of Compressed/
coated Psychotropic Tablets, 271.10 Kg
Psychotropic Granules Powder Substance and
573.100 Kg of Tramadol HCL Granules
(mixture ready for filing in capsules) bulk
3. Learned senior counsel for the petitioner has iterated that a bare
perusal of the FIR itself shows that allegations leveled against the petitioner
are concocted, improbable and devoid of any merit. Learned senior counsel
has further iterated that the firm Digital Vision, whose premises were raided
on 12.08.2025 is having GST registration and also registered with Central
Bureau of Narcotics, Gwalior. Learned senior counsel has iterated that Health
and Family Welfare Department, Himachal Pradesh, Drug Control
Administration has also issued manufacturing licences to the said firm, which
is valid till 16.06.2028. Learned senior counsel has further iterated that the
petitioner is no longer partner with the said firm and has no role in its day to
day affairs. Learned senior counsel has argued that the NCB team conducted
raid at the house of the petitioner, on 12.08.2025, situated in Ambala Cantt,
and allegedly seized an amount of Rs.32.45 lacs (cash) along with laptop and
13 files. Learned senior counsel has also iterated that a raid was also
conducted on M/s Digital Vision, on 12.08.2025 and M/s Vellinton
Healthcare, Kala Amb, on 14.08.2025, and had wrongly seized certain
controlled medicines stocks, however, the same were legal stocks as per
Drugs and Cosmetics Act, 1940. Learned senior counsel has iterated that M/s
Vellinton Healthcare, Kala Amb is also having valid GST registration as also
valid manufacturing licences till 05.10.2028. Learned senior counsel has
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argued that the petitioner was previously partner of Digital Vision, but retired
in the year 2022. Learned senior counsel has argued that the seizure by the
NCB from the area of Amritsar and other persons involved in the challan has
no connection with M/s Digital Vision, Kala Amb, and even the said firm has
not manufactured the product (TREKEM-100). Learned senior counsel has
further iterated that till the filing of the challan/ complaint, the medicines
manufactured by the firm were not involved directly or indirectly in reference
to sale or purchase with any co-accused. Learned senior counsel has also
argued that the petitioner had provided GST documents, purchase orders of
all the three firms with whom M/s Digital Vision had done the business.
Learned senior counsel has also argued that the firm has complied with the
mandatory provisions of the NDPS Act. Learned senior counsel has argued
that the petitioner has no role to play in the present matter, rather has been
made a scapegoat at the hands of the Investigating Agency.
3.1. Learned senior counsel has further submitted that custodial
interrogation of the petitioner is no longer warranted as nothing incriminating
remains to be recovered from them. Moreover, there is no likelihood of the
petitioner absconding from the process of justice or tampering with the
prosecution evidence, in case, they are enlarged on pre-arrest bail. On
strength of these submissions, the grant of anticipatory bail is entreated for.
4. Per contra, learned counsel for the respondent – NCB has filed
status report dated 06.11.2025, which is already on record. Raising
submissions in tandem with the said reply, learned counsel has opposed the
grant of anticipatory bail to the petitioner by arguing that the offence
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committed by the petitioner is serious in nature as pertaining to involvement
of commercial quantity under NDPS Act. Learned counsel has argued that at
the time of raid conducted on 12.08.2025, the petitioner was found present
and had also appended his signatures on the panchnama. On the same day,
from the house of the petitioner, Rs.32.45 lakhs (cash), a laptop and 13 files
containing documents related to M/s Digital Vision was also recovered. He
has further argued that as per the available records M/s Digital vision has
already supplied 13,79,232 capsules of Tramadol to Tiwari Medical Agencies
Dehradun in the year 2024; 9,21,600 capsules of Tramadol to M/s Rama
Medicose Jodhpur in the year 2024 and 11,49,120 Capsules of Tramadol and
11,970 bottles of Codeine Phosphate cough syrup 100ml in the year 2024 and
23,01,696 Capsule of Tramadol in the year, 2025 (till June month) to M/s
Maa Jagdamba Medicose, Jodhpur Rajasthan. All these three firms were
found to be non-existent at the time of their physical verification.
4.1. Further, learned counsel for the respondent – NCB has also filed
an additional affidavit dated 08.12.2025, which is also on record. Relevant of
the said additional affidavit reads thus:
“The petitioner was admittedly running the pharmaceutical firm
namely M/s Digital Vision and while he asserts that he retired as partner in
2022, he has continued to file the GST returns of the firm as its authorized
signatory, with the latest return filed on 22.08.2025, wherein he has
described himself as partner. Further the petitioner is also the authorized
representative of M/s Digital Vision before the Central Bureau of Narcotics
(CBN). This unequivocally demonstrates that the petitioner remained in
actual control and management of the firm and that the alleged retirement
deed is merely a paper formality created to shield him from liability. The
petitioner continued filing of statutory returns, an act permissible only for a
person exercising operational authority, establishes his ongoing association
with the firm, rendering his plea of retirement false, misleading, and an
afterthought. The copy of the said form GSTR-3B is annexed as Annexure
R-13.
4. That during further investigation it was unearthed that the petitioner
is the owner of the Superlime Building, Village Ogli Nahan Road,
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Kala Amb, Himachal Pradesh and complete building was rented out
to M/s Digital Vision (as per the rent deed dated 20.11.2019,
Annexure R-14).
It is pertinent to mention here that when the premises of
Superlime Building, Village Ogli Nahan Road, Kala Amb, Himachal
Pradesh was rented out the petitioner was one of the partner in M/s
Digital Vision.
From this very premises commercial quantities of NRX
medicines i.e 39,600 tablets of Chlordiazepoxide have been
recovered on 11.11.2025. Upon asking it was disclosed that the said
tablets belong to one M/s Skincare Creations which is a partnership
firm of Konic Goyal and Manic Goyal both sons of the petitioner.
Upon asking, the staff of Digital Vision i.e Mr. Rohit Chaudhary
had provided the copy of license in the name of M/s Skincare
creations. Perusal of the said license no where find mentions the
address of Superlime Building from where the recovery was made.
One Parvesh Kumar has claimed himself to be the store incharge of
Superlime.
It is pertinent to mention here that the premises of Superlime
Building, Village Ogli Nahan Road, Kala Amb, Himachal Pradesh
no where find mention in any of the licenses issued by the State
Drug Controller, Baddi to M/s Digital Vision. The petitioner and his
sons are thus clearly and actively involved in the illegal storage and
diversion of controlled pharmaceutical substances and is not entitled
to any relief of anticipatory bail.
Despite such a massive recovery from a property owned by
him, the petitioner has deliberately suppressed these facts and has
placed nothing on record to explain or rebut his nexus with the
premises from which the contraband has been seized.
Further, investigation has also revealed that Konic and
Manic were simultaneously running another business entity from the
same premises under the name “Skincare Creations”.
The presence of multiple inter-linked business activities
operating from the building of the petitioner which he had rented to
M/s Digital Vision, coupled with the large-scale recovery of NRx
medicines, fortifies the chain of circumstances demonstrating the
knowledge, control and continued involvement of the petitioner. The
complete silence of the petitioner amounts to deliberate suppression
and further undermines the credibility of his defence.
5. That as mentioned in the status report already filed, when
search was conducted on 12.08.2025 at M/s Digital Vision,
documents were found of supply made to three firms namely Tiwari
medicos, Rama Medicos Jodhpur and Maa Jagdamba Medicos
Jodhpur.
That Maa Jagdamba medicos, to whom substantial quantities
were shown to be supplied, was found to be non-existent by the
State authorities (Annexure R-4).
It is pertinent to mention here that license of M/s Maa
Jagdamba Medicose was cancelled by the competent authority on
29.11.2024. The copy of the order dated 29.11.2024 canceling the
registration of Maa Jagdamba Medicose is annexed as Annexure-R-
15.
6. That another firm Rama Medicos to whom supply was made
by the M/s Digital Vision, was also found not to be non existent at
the declare premises. The license to the said firm was issued on
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02.05.2024 and when inspection was made by the competent
authority on 21.1.2025, the firm was found to be non existent.
7. That M/s Tiwari Medical Agencies was similarly found to be
nonexistent on the ground.
These findings clearly demonstrate that the petitioner was routing
psychotropic medicines through fictitious or non-functional entities
to mask illegal diversion. The use of such bogus outlets is a
hallmark of illicit pharmaceutical diversion and directly implicates
the petitioner in offences under the NDPS Act. The petitioner has
offered no explanation for these glaring discrepancies.
8. That during investigation it was also unearthed that the
monthly reports submitted by M/s Digital Vision to State Drug
Controller as well as to CBN (as provided during the investigation)
clearly shows that supplies of NRx medicines were being made to
“Maa Jagdamba Medicos even after the cancellation in November
2024.
Investigation has conclusively revealed that Maa Jagdamba
Medicos is a non-existent entity and its license had already been
cancelled.
Submissions to the drug controller thus become
incriminating that the supply chain reflected on paper is fabricated
and that the controlled substances were never intended for legitimate
distribution. The copy of the said Reports for the period January to
June 2025 submitted with the State Drug Controller and CBN is
annexed as Annexure-R-16 and R-17.
In view of the above incriminating circumstances, fabricated
records, routing of NRX medicines to non-existent entities, large-
scale recovery of psychotropic substances from premises owned by
the petitioner, and evidence of his continued operational control
over M/s Digital Vision despite claiming retirement, the petitioner
was repeatedly called to join the investigation. However, he chose
not to cooperate and persistently evaded appearance.
Owing to his deliberate non-cooperation and absconding
conduct, non-bailable warrants (NBW) have been issued against the
petitioner by the Competent Court. The issuance of NBWs has a
direct consequence of the petitioner’s own conduct, further
demonstrating his intent to evade the legal process and reinforcing
the necessity of custodial interrogation. The copy of the said NBW
dated 26.11.2025 for 3.1.2026 is Annexure-R-18.”
4.2. Pursuant to the order dated 11.02.2026, learned counsel for the
respondent – NCB has filed an affidavit dated 16.02.2026, in the Court today,
which is taken on record. In terms of the said affidavit, learned counsel for the
respondent – NCB has submitted that provisions of Section 172 of the Cr.
P.C./ 192 of the BNSS will not apply to the investigations, as it is not
provided in the NDPS Act to maintain any case diary.
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4.3. In case, the petitioner is granted concession of anticipatory bail,
there is all likelihood that he may abscond from the process of justice and also
intimidate the prosecution evidence/ witnesses. Learned counsel for the
respondent – NCB has further submitted that the instant bail plea is barred by
the rigors of Section 37 of the NDPS Act, and thus, the same ought to be
dismissed. On the strength of these submissions, dismissal of the petition in
hand is entreated for.
5. I have heard the learned counsel for the rival parties and have
gone through the available record of the case.
6. It would be apposite to refer herein to a judgment passed by the
Hon’ble Supreme Court in the case titled as Sumitha Pradeep vs. Arun Kumar
C.K. and another, 2022(4) RCR (Criminal) 977, relevant whereof reads as
under:
“12. In a case containing such serious allegations, the High Court ought
not to have exercised its jurisdiction in granting protection against arrest, as
the Investigating Officer deserves freehand to take the investigation to its
logical conclusion. It goes without saying that appearance before the
Investigating Officer who, has been prevented from subjecting Respondent
No.1 to custodial interrogation, can hardly be fruitful to find out the prima
facie substance in the allegations, which are of extreme serious in nature.
xxx xxx xxx xxx
16. In many anticipatory bail matters, we have noticed one common
argument being canvassed that no custodial interrogation is required and,
therefore, anticipatory bail may be granted. There appears to be a serious
misconception of law that if no case for custodial interrogation is made out
by the prosecution, then that alone would be a good ground to grant
anticipatory bail. Custodial interrogation can be one of the relevant aspects
to be considered along with other grounds while deciding an application
seeking anticipatory bail. There may be many cases in which the custodial
interrogation of the accused may not be required, but that does not mean
that the prima facie case against the accused should be ignored or
overlooked and he should be granted anticipatory bail. The first and
foremost thing that the court hearing an anticipatory bail application should
consider is the prima facie case put up against the accused. Thereafter, the
nature of the offence should be looked into along with the severity of the
punishment. Custodial interrogation can be one of the grounds to decline8 of 11
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required or necessitated, by itself, cannot be a ground to grant anticipatory
bail.”
7. As per the case put forth in the FIR in question, the allegations
against the petitioner are grave and specific. The petitioner is involved in a
case, which involved recovery of commercial quantity of contraband. The
quantity recovered clearly attracts the rigours of the relevant provisions of
Section 37 of the NDPS Act. Considering the magnitude of the recovery, the
possibility of the petitioner’s involvement in organized illegal trade cannot be
ruled out. Grant of anticipatory bail at this stage may hamper effective
investigation. The petitioner has failed to make out any exceptional grounds
for the grant of such relief. Learned State counsel has stated that in view of
the incriminating circumstances, fabricated records, routing of NRX
medicines to non-existent entities, large-scale recovery of psychotropic
substances from premises owned by the petitioner, and evidence of his
continued operational control over M/s Digital Vision despite claiming
retirement, the petitioner was repeatedly called to join the investigation,
however, he chose not to cooperate and persistently evaded appearance.
7.1. Having regard to the nature of accusations and stage of
investigation, the Court finds merit in the submissions that grant of
anticipatory bail, at this juncture, may impede effective investigation and
frustrate legitimate investigative efforts.
8. It is befitting to mention here that while considering a plea for
grant of anticipatory bail, the Court has to equilibrate between protecting
individual rights and safeguarding societal interest(s). The extraordinary relief
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of anticipatory bail is not to be granted as a matter of routine and is reserved
for exceptional circumstances where the Court is satisfied that the arrest
would be unjustified or motivated. The Court ought to reckon with the
magnitude and nature of the offence; the role attributed to the accused; the
need for fair and free investigation as also the deeper and wide impact of such
alleged iniquities on the society. It is imperative that every person in the
Society can expect an atmosphere free from foreboding & fear of any
transgression.
9. Offences under NDPS Act, particularly, those involving
commercial quantity is treated with heightened seriousness owing to their
deleterious effect on public health and societal order. The societal interest in
ensuring effective investigation and prosecution of such offences assumes
greater significance. At this stage, there is no material on record to hold that
prima facie case is not made out against the petitioner. The material which
has come on record and preliminary investigation, appear to be established a
reasonable basis for the accusations. Thus, it is not appropriate to grant
anticipatory bail to the petitioner, as it would necessarily cause impediment in
v.. Anil Sharma [State v. Anil Sharma, (1997)
effective investigation. In State v
7 SCC 187 : 1997 SCC (Cri) 1039], the Supreme Court held as under : (SCC
p. 189, para 6)
“6. We find force in the submission of CBI that custodial interrogation is
qualitatively more elicitation-oriented than questioning a suspect who is
well-ensconced with a favourable order under Section 438 of the Code. In a
case like this, effective interrogation of a suspected person is of tremendous
advantage in disinterring many useful informations and also materials
which would have been concealed. Success in such interrogation would
elude if the suspected person knows that he is well protected and insulated
by a pre-arrest bail order during the time he is interrogated. Very often
interrogation in such a condition would reduce to a mere ritual. The
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argument that the custodial interrogation is fraught with the danger of the
person being subjected to third-degree methods need not be countenanced,
for, such an argument can be advanced by all accused in all criminal cases.
The Court has to presume that responsible police officers would conduct
themselves in a responsible manner and that those entrusted with the task of
disinterring offences would not conduct themselves as offenders.”
10. In view of the seriousness of the allegations, this Court finds no
compelling ground to extend the benefit of discretionary relief to the
petitioner. Moreover, custodial interrogation of the petitioner is necessary for
an effective investigation & to unravel the truth. The petition is, thus, devoid
of merits and is hereby dismissed.
dismissed
11. Nothing said hereinabove shall be deemed to be an expression of
opinion upon merits of the case/investigation.
12. Pending application(s), if any, shall also stand disposed off.
(SUMEET GOEL)
GOEL)
JUDGE
February 16,
16, 2026
mahavir
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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