Unknown vs State Of Himachal Pradesh on 6 April, 2026

    0
    37
    ADVERTISEMENT

    Himachal Pradesh High Court

    Unknown vs State Of Himachal Pradesh on 6 April, 2026

                                                                   2026:HHC:10208
    
    
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
    
                                    Cr. MP(M) Nos. 359, 363, 364, 365
    
    
    
    
                                                               .
                                    and 368 of 2026
    
    
    
    
    
                                    Reserved on: 30.03.2026
                                    Date of Decision: 06.04.2026.
    
    
    
    
    
        _____________________________________
        1. Cr.MP(M) No. 359 of 2026
    
    
    
    
                                        of
        Swati                                                  ...Petitioner
                                Versus
    
        State of Himachal Pradesh
                       rt                                     ...Respondent
        ______________________________________
        2. Cr.MP(M) No. 363 of 2026
    
        Karan                                                   ...Petitioner
                                Versus
    
    
        State of Himachal Pradesh    ...Respondent
        ______________________________________
        3. Cr.MP(M) No. 364 of 2026
    
    
    
    
        Suraj                                                   .... Petitioner
    
    
    
    
    
                                    Versus
    
        State of Himachal Pradesh    .... Respondent
    
    
    
    
    
        ______________________________________
        4. Cr.MP(M) No. 365 of 2026
    
        Binta                                                   ...Petitioner
                                    Versus
    
        State of Himachal Pradesh     ...Respondent
        ______________________________________
        5. Cr.MP(M) No. 368 of 2026
    
        Pawan Kumar Bhatti                                      ...Petitioner
    
    
    
    
                                              ::: Downloaded on - 06/04/2026 20:34:32 :::CIS
                                                           2
                                                                                     2026:HHC:10208
    
    
    
                                         Versus
        State of H.P.                                                       .... Respondent
    
    
    
    
                                                                                       .
        Coram
    
    
    
    
    
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
        Whether approved for reporting?1 No
    
    
    
    
    
        For the Petitioner(s)                  :    Mr Sanjeev Kumar Suri, Advocate, in
                                                    all the petitions except in Cr.MP No.
    
    
    
    
                                                         of
                                                    368 of 2026.
                                                    Mr Parveen Chauhan, Advocate for
                                                    the petitioner in Cr.M.P. No. 368 of
                               rt                   2026.
        For the Respondents/State:                  Mr Jitender Sharma,                     Additional
                                                    Advocate    General,                    for    the
    
                                                    respondent/State,   in                   all   the
                                                    petitions.
    
        Rakesh Kainthla, Judge
    

    The petitioners have filed the present petitions for

    seeking regular bail, in FIR No. 282 of 2025 dated 22.11.2025

    SPONSORED

    registered at Police Station Sadar, Chamba, H.P., for the

    commission of offences punishable under Sections 21 and 29 of

    the Narcotic Drugs and Psychotropic Substances Act (NDPS) and

    Sections 221 and 132 of the Bhartiya Nyaya Sanhita (BNS). Since

    all the petitions have arisen out of the same FIR; therefore, they

    are being taken up together for disposal.

    1

    Whether reporters of Local Papers may be allowed to see the judgment? Yes.

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    3

    2026:HHC:10208

    2. It has been asserted that, as per the prosecution, the

    police had set up a nakaa on 22.11.2025 at 7 AM at Bhatti Nala near

    .

    Sulatanpur-Chamba- Pathankot NH-154A. They received a secret

    information that one Binta Mahajan and her son Aryan Mahajan

    were dealing in heroin, and a huge quantity of heroin could be

    recovered by searching their house. The police went to the house.

    of
    Binta Mahajan was not present in her home, but her son Aryan

    was present. The police searched the house and recovered one
    rt
    electronic weighing machine, two burnt foil papers, one folded

    and burnt ₹20/- currency note and one syringe. Binta Mahajan

    also came to the spot and raised a hue and cry. One room was

    locked. The police opened it and recovered a polythene bag

    containing some material. The police also recovered 14 mobile

    phones, several small packets containing 20.65 grams of heroin,

    currency notes and jewellery. The petitioners are innocent, and

    they were falsely implicated. The co-accused Rajesh Kumar,

    Ankush Thakur, Sachin and Sorabh have been released on bail by

    this Court. Sameer Ali and Sunil Kumar were released on bail by

    learned Special Judge-II, District Chamba, H.P, Shimla. The police

    have filed the charge sheet, and no fruitful purpose would be

    served by detaining the petitioners in custody. The petitioners

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    4
    2026:HHC:10208

    would abide by the terms and conditions that the Court may

    impose. Hence, it was prayed that the present petitions be

    .

    allowed and the petitioners be released on bail.

    3. The petitions are opposed by filing a status report

    asserting that the police received a secret information on

    of
    22.11.2015 that Binta Mahajan and her son Aryan Mahajan were

    selling heroin, and a huge quantity of heroin could be recovered
    rt
    by searching their house. The information was credible, and it

    was reduced to writing. It was sent to the Additional

    Superintendent of Police, Chamba, who issued an authorisation

    letter. The police associated Seema Kumari and Mahender Kumar

    and went to the house of Binta Mahajan. The police found Aryan

    Mahajan in the house. The police searched the house and

    recovered an electronic weighing machine, two burnt foil papers,

    one burnt and one folded currency note of ₹20/- and one syringe.

    Binta Mahajan also came to the spot. The police conducted a

    further search of the house and recovered 14 mobile phones,

    jewellery, 20.65 grams of heroin, and ₹2,33,377/- in cash. The

    petitioner, Swati, was found locked in a room. The police seized

    all the articles and arrested the occupants. The investigation

    revealed that Swati, Binta and Aryan Mahajan had sold the heroin

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    5
    2026:HHC:10208

    to Mukul Bhardwaj, Saurav, Sachin, Ankush, Rajesh, Karan, Suraj,

    Kirpal, Vinod Kumar and other persons. There were financial

    .

    transactions between them. They were in constant touch with

    each other. The petitioner Suraj had transferred ₹33,500/- to the

    account of Aryan Mahajan and Binta Mahajan between January,

    2025 and November, 2025. The petitioner Karan had transferred

    of
    ₹35,100/- to the account of Aryan and Binta Mahajan between

    February, 2025 and November, 2025. A total transaction of
    rt
    ₹42,09,216/- was found in the petitioner Pawan Kumar’s account

    between 01.01.2025 and 28.11.2025. Aryan Mahajan and Binta

    Mahajan had transferred ₹8,79,303/- to his account. Petitioner

    Pawan Kumar Bhatti was the supplier of the heroin to petitioners

    Binta and her son Aryan. The charge sheet was filed before the

    Court on 20.1.2026. The prosecution has cited 41 witnesses.

    Hence, the status report.

    4. I have heard Mr Sanjeev Kumar Suri, learned counsel

    for the petitioners Karan, Suraj, Binta and Swati and Mr Parveen

    Chauhan, learned counsel for petitioner Pawan Kumar Bhatti and

    Mr Jitender Sharma, Additional Advocate General for the

    respondent/State.

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    6

    2026:HHC:10208

    5. Mr Sanjeev Kumar Suri, learned counsel for the

    petitioners Karan, Suraj, Binta and Swati, submitted that the

    .

    petitioners are innocent and they were falsely implicated. The

    quantity of heroin stated to have been recovered by the police is

    less than the commercial quantity, and the rigours of Section 37

    of the NDPS Act do not apply to the present case. The petitioners,

    of
    Binta Mahajan and Swati, are entitled to special consideration as

    women. The police have filed the chargesheet, and no fruitful
    rt
    purpose would be served by detaining the petitioners in custody.

    The petitioners would abide by the terms and conditions that the

    Court may impose. Hence, he prayed that the present petitions be

    allowed and the petitioners be released on bail.

    6. Mr Praveen Chauhan, learned counsel for the

    petitioner Pawan Kumar Bhatti, submitted that there is no

    material against the petitioner except the financial transaction,

    which is not sufficient to connect him to the commission of a

    crime. Hence, he prayed that the present petition be allowed and

    that the petitioner, Pawan Kumar Bhatti, be released on bail.

    7. Mr Jitender Sharma, learned Additional Advocate

    General for the respondents/State, submitted that petitioners

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    7
    2026:HHC:10208

    Binta and Swati were found in possession of heroin, a large

    quantity of jewellery, and cash, which prima facie indicate their

    .

    involvement in the sale of heroin. This is confirmed by the fact

    that various persons had transferred money to their accounts.

    They had transferred a significant amount of money to petitioner

    Pawan Kumar’s account. Heroin adversely affects society, and no

    of
    leniency should be shown to the petitioners. Therefore, he prayed

    that the present petitions be dismissed.

    rt

    8. I have given considerable thought to the submissions

    made at the bar and have gone through the records carefully.

    9. The parameters for granting bail were considered by

    the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC

    314: 2025 SCC OnLine SC 781, wherein it was observed at page 380:

    (i) Broad principles for the grant of bail

    56. InGudikantis Narasimhulu v. High Court of A.P., (1978) 1

    SCC 240: 1978 SCC (Cri) 115, Krishna Iyer, J., while
    elaborating on the content of Article 21 of the Constitution
    of India in the context of personal liberty of a person under
    trial, has laid down the key factors that should be
    considered while granting bail, which are extracted as
    under: (SCC p. 244, paras 7-9)
    “7. It is thus obvious that the nature of the charge is the
    vital factor, and the nature of the evidence is also
    pertinent. The punishment to which the party may be
    liable, if convicted or a conviction is confirmed, also
    bears upon the issue.

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    8

    2026:HHC:10208

    8. Another relevant factor is whether the course of justice
    would be thwarted by him who seeks the benignant
    jurisdiction of the Court to be freed for the time being.

    .

    [Patrick Devlin, “The Criminal Prosecution in England”

    (Oxford University Press, London 1960) p. 75 — Modern
    Law Review, Vol. 81, Jan. 1968, p. 54.]

    9. Thus, the legal principles and practice validate the Court

    considering the likelihood of the applicant interfering with
    witnesses for the prosecution or otherwise polluting the
    process of justice. It is not only traditional but rational, in

    of
    this context, to enquire into the antecedents of a man who
    is applying for bail to find whether he has a bad record,
    particularly a record which suggests that he is likely to
    commit serious offences while on bail. In regard to
    rt
    habituals, it is part of criminological history that a
    thoughtless bail order has enabled the bailee to exploit the

    opportunity to inflict further crimes on the members of
    society. Bail discretion, based on evidence about the
    criminal record of a defendant, is therefore not an exercise
    in irrelevance.” (emphasis supplied)

    57. In Prahlad Singh Bhati v. State (NCT of Delhi), (2001) 4
    SCC 280: 2001 SCC (Cri) 674, this Court highlighted various

    aspects that the courts should keep in mind while dealing
    with an application seeking bail. The same may be

    extracted as follows: (SCC pp. 284-85, para 8)
    “8. The jurisdiction to grant bail has to be exercised on the
    basis of well-settled principles, having regard to the

    circumstances of each case and not in an arbitrary manner.
    While granting the bail, the court has to keep in mind the
    nature of accusations, the nature of evidence in support
    thereof, the severity of the punishment which conviction
    will entail, the character, behaviour, means and standing of
    the accused, circumstances which are peculiar to the
    accused, reasonable possibility of securing the presence of
    the accused at the trial, reasonable apprehension of the
    witnesses being tampered with, the larger interests of the
    public or State and similar other considerations. It has also
    to be kept in mind that for the purposes of granting the bail

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    9
    2026:HHC:10208

    the legislature has used the words “reasonable grounds for
    believing” instead of “the evidence” which means the court
    dealing with the grant of bail can only satisfy it (sic itself)

    .

    as to whether there is a genuine case against the accused

    and that the prosecution will be able to produce prima facie
    evidence in support of the charge.” (emphasis supplied)

    58. This Court in Ram Govind Upadhyay v. Sudarshan Singh,

    (2002) 3 SCC 598: 2002 SCC (Cri) 688, speaking through
    Banerjee, J., emphasised that a court exercising discretion
    in matters of bail has to undertake the same judiciously. In

    of
    highlighting that bail should not be granted as a matter of
    course, bereft of cogent reasoning, this Court observed as
    follows: (SCC p. 602, para 3)
    rt
    “3. Grant of bail, though being a discretionary order, but,
    however, calls for the exercise of such a discretion in a
    judicious manner and not as a matter of course. An order

    for bail bereft of any cogent reason cannot be sustained.
    Needless to record, however, that the grant of bail is
    dependent upon the contextual facts of the matter being

    dealt with by the court and facts do always vary from case
    to case. While the placement of the accused in society,
    though it may be considered by itself, cannot be a guiding

    factor in the matter of grant of bail, the same should always
    be coupled with other circumstances warranting the grant

    of bail. The nature of the offence is one of the basic
    considerations for the grant of bail — the more heinous is
    the crime, the greater is the chance of rejection of the bail,

    though, however, dependent on the factual matrix of the
    matter.” (emphasis supplied)

    59. In Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7 SCC
    528: 2004 SCC (Cri) 1977, this Court held that although it is
    established that a court considering a bail application
    cannot undertake a detailed examination of evidence and
    an elaborate discussion on the merits of the case, yet the
    court is required to indicate the prima facie reasons
    justifying the grant of bail.

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    10

    2026:HHC:10208

    60. In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14
    SCC 496: (2011) 3 SCC (Cri) 765, this Court observed that
    where a High Court has granted bail mechanically, the said

    .

    order would suffer from the vice of non-application of

    mind, rendering it illegal. This Court held as under with
    regard to the circumstances under which an order granting
    bail may be set aside. In doing so, the factors which ought

    to have guided the Court’s decision to grant bail have also
    been detailed as under: (SCC p. 499, para 9)
    “9. … It is trite that this Court does not, normally, interfere

    of
    with an order passed by the High Court granting or
    rejecting bail to the accused. However, it is equally
    incumbent upon the High Court to exercise its discretion
    judiciously, cautiously and strictly in compliance with the
    rt
    basic principles laid down in a plethora of decisions of this
    Court on the point. It is well settled that, among other

    circumstances, the factors to be borne in mind while
    considering an application for bail are:

    (i) whether there is any prima facie or reasonable

    ground to believe that the accused had committed the
    offence;

    (ii) nature and gravity of the accusation;

    (iii) severity of the punishment in the event of

    conviction;

    (iv) danger of the accused absconding or fleeing, if
    released on bail;

    (v) character, behaviour, means, position and standing
    of the accused;

    (vi) likelihood of the offence being repeated;

    (vii) reasonable apprehension of the witnesses being
    influenced; and

    (viii) danger, of course, of justice being thwarted by
    grant of bail.” (emphasis supplied)
    xxxxxxx

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    11
    2026:HHC:10208

    62. One of the judgments of this Court on the aspect of
    application of mind and requirement of judicious exercise
    of discretion in arriving at an order granting bail to the

    .

    accused is Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497 :

    (2022) 2 SCC (Cri) 170, wherein a three-Judge Bench of this
    Court, while setting aside an unreasoned and casual order
    (Pappu Kumar v. State of Bihar, 2021 SCC OnLine Pat 2856

    and Pappu Singh v. State of Bihar, 2021 SCC OnLine Pat 2857)
    of the High Court granting bail to the accused, observed as
    follows: (Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497 :

    of
    (2022) 2 SCC (Cri) 170]), SCC p. 511, para 35)
    “35. While we are conscious of the fact that liberty of an
    individual is an invaluable right, at the same time while
    considering an application for bail courts cannot lose sight
    rt
    of the serious nature of the accusations against an accused
    and the facts that have a bearing in the case, particularly,

    when the accusations may not be false, frivolous or
    vexatious in nature but are supported by adequate material
    brought on record to enable a court to arrive at a prima
    facie conclusion. While considering an application for the

    grant of bail, a prima facie conclusion must be supported by
    reasons and must be arrived at after having regard to the
    vital facts of the case brought on record. Due consideration

    must be given to facts suggestive of the nature of crime, the
    criminal antecedents of the accused, if any, and the nature

    of punishment that would follow a conviction vis-à-vis the
    offence(s) alleged against an accused.” (emphasis

    supplied)

    10. Hon’ble Supreme Court held in State of Rajasthan v.

    Balchand, (1977) 4 SCC 308: 1977 SCC (Cri) 594: 1977 SCC OnLine SC

    261 that the normal rule is bail and not jail, except where the

    gravity of the crime or the heinousness of the offence suggests

    otherwise. It was observed at page 308:

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    12

    2026:HHC:10208

    2. The basic rule may perhaps be tersely put as bail, not jail,
    except where there are circumstances suggestive of fleeing
    from justice or thwarting the course of justice or creating

    .

    other troubles in the shape of repeating offences or

    intimidating witnesses and the like, by the petitioner who
    seeks enlargement on bail from the Court. We do not
    intend to be exhaustive but only illustrative.

    3. It is true that the gravity of the offence involved is likely
    to induce the petitioner to avoid the course of justice and
    must weigh with us when considering the question of jail.

    of
    So also, the heinousness of the crime….”

    11. The present petitions have to be decided as per the
    rt
    parameters laid down by the Hon’ble Supreme Court.

    12. The status report mentions that the police searched

    the house of Binta Mahajan, where Aryan and Swati were present.

    The police recovered 20.65 grams of heroin, an electronic

    weighing machine, transparent polythene packets containing

    traces of heroin, ₹2,33,377/-, a huge quantity of jewellery, and 14

    mobile phones from the house. Binta also arrived during the

    search. She and Swati created a hue and cry and obstructed the

    police from searching the house. All these circumstances prima-

    facie shows the involvement of the petitioners, Binta and Swati, in

    the commission of the crime.

    13. The status report also mentions that the petitioners,

    Karan and Suraj, were arrested based on the financial

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    13
    2026:HHC:10208

    transactions made by them to the account of the petitioner Binta

    and her son Aryan. The status report also mentions that money

    .

    was transferred by petitioners Binta Mahajan and Aryan Mahajan

    to the account of Pawan Kumar Bhatti. There is no other material

    to connect them to the heroin. The mere transfer of money is

    insufficient to connect the petitioners, Pawan, Suraj and Karan, to

    of
    the commission of crime. It was laid down by the Kerala High

    Court in Amal E vs State of Kerala 2023:KER:39393 that financial
    rt
    transactions are not sufficient to connect the accused with the

    commission of crime. It was observed:

    “From the perusal of the case records, it can be seen that,

    apart from the aforesaid transactions, there is nothing to
    show the involvement of the petitioners. It is true that the
    documents indicate the monetary transactions between the

    petitioners and some of the accused persons, but the
    question that arises is whether the said transactions were

    in connection with the sale of Narcotic drugs. To establish
    the same, apart from the confession statements of the

    accused, there is nothing. However, as it is an aspect to be
    established during the trial, I do not intend to enter into
    any finding at this stage, but the said aspect is sufficient to
    record the satisfaction of the conditions contemplated
    under section 37 of the NDPS Act, as the lack of such
    materials evokes a reasonable doubt as to the involvement
    of the petitioner.”

    14. The police also relied upon the call detail record to

    conclude that the petitioners had talked to the co-accused. This is

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    14
    2026:HHC:10208

    also not sufficient. It was laid down by this Court in Dinesh Kumar

    @ Billa Versus State of H.P. 2020 Cri. L.J. 4564, that the phone calls

    .

    are not sufficient to deny bail to a person.

    15. It was laid down by this Court in Saina Devi vs State of

    Himachal Pradesh 2022 Law Suit (HP) 211 that the petitioner

    of
    cannot be kept in custody based on the call detail records. It was

    observed: –

    rt
    “[16] In the facts of the instant case, the prosecution, for
    implicating the petitioner, relies upon firstly the

    confessional statement made by accused Dabe Ram and
    secondly the CDR details of calls exchanged between the
    petitioner and the wife of co-accused Dabe Ram. Taking
    into consideration the evidence with respect to the

    availability of CDR details involving the phone number of
    the petitioner and the mobile phone number of the wife of
    co-accused Dabe Ram, this Court had considered the

    existence of a prima facie case against the petitioner and
    had rejected the bail application as not satisfying the

    conditions of Section 37 of the NDPS Act.
    [17] Since the existence of CDR details of accused person(s)

    has not been considered as a circumstance sufficient to
    hold a prima facie case against the accused person(s), in
    Pallulabid Ahmad’s case (supra), this Court is of the view
    that petitioner has made out a case for maintainability of
    his successive bail application as also for grant of bail in his
    favour.

    [18] Except for the existence of CDRs and the disclosure
    statement of the co-accused, no other material appears to
    have been collected against the petitioner. The disclosure
    made by the co-accused cannot be read against the
    petitioner as per the mandate of the Hon’ble Supreme

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    15
    2026:HHC:10208

    Court in Tofan Singh Vs State of Tamil Nadu, 2021 4 SCC 1.
    Further, on the basis of the aforesaid elucidation, the
    petitioner is also entitled to the benefit of bail.

    .

    16. A similar view was taken by this Court in Dabe Ram vs.

    State of H.P., Cr.MP(M) No. 1894 of 2023, decided on 01.09.2023,

    Parvesh Saini vs State of H.P., Cr.MP(M) No. 2355 of 2023, decided on

    06.10.2023 and Relu Ram vs. State of H.P. Cr.MP(M) No. 1061 of

    of
    2023, decided on 15.05.2023.

    17. The police have also added Section 27A of the NDPS
    rt
    Act, which deals with the financing of drugs. The term financing

    was explained by the Bombay High Court in Rhea Chakraborty v.

    Union of India 2021 Cr LJ 248 as under: –

    “66. Section 27A is much wider if sub-clause (iv) of
    Section 2(viiia) is taken into account. This sub-clause (iv)

    of Section 2(viiia) takes in its sweep all the remaining
    activities which are not mentioned in sub-clauses (i),(ii) &

    (iii). This covers just about every activity that can be
    described as dealing in narcotic drugs or psychotropic

    substances. The interpretation of Section 27A should not
    be stretched to the extent of rendering the classification of
    sentences depending on the quantities in penal Sections
    20
    , 21, 22 and 23 otiose.

    67. Sub-clause (viiia) of Section 2 of the NDPS Act is an
    inclusive definition. The inclusive part mentions financing,
    abetting, conspiring and harbouring. The financing and
    harbouring parts are specifically made punishable under
    Section 27A.

    68. The activities mentioned in Section 2(viiia)(iii) and Section
    8(c)
    refer to sale, purchase, export, import, etc. All these

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    16
    2026:HHC:10208

    activities involve monetary transactions. For every sale or
    purchase, there can be a use of money. But that will not mean
    that either of the parties has “financed” the transaction. Such

    .

    sales and purchases are separately prohibited and made

    punishable under Section 8(c), read with Section 20 and other
    similar Sections. Therefore, “financing” is something more
    than just paying for purchases and other activities involving

    contraband as defined under Section 8(c). Contravention of
    that Section and indulging in activities mentioned in Sections
    20
    , 21, 22 and 23 incur punishment depending on the quantity

    of
    of the contraband.

    69. For interpreting Section 27A harmoniously with the
    Scheme of the Act and other Sections, it is necessary to go
    to the Statement of Objects and Reasons for incorporating
    rt
    this Section in the Act w.e.f. 29.5.1989. The Statement of
    Objects and Reasons of the 1989 Amendment, which is

    reproduced hereinbefore, mentions that India was facing a
    problem of transit traffic in illicit drugs. The spillover from
    such traffic was causing problems of abuse and addiction.

    Therefore, a need was felt to amend the Law to further
    strengthen it.

    70. Thus, the aim was to control the traffic in illicit drugs

    as the spillover from such traffic was causing problems of
    abuse and addiction. The Legislature wanted to attack the

    basic cause of the illicit traffic of drugs. The prohibitory
    Section 8 already existed at that time. Therefore, a separate
    Section 27A was introduced to check these activities, which

    were the root cause of illicit traffic. “Financing” and
    “harbouring” such activities were, therefore, specifically
    mentioned under Section 27A.

    71. “Financing” is not defined under the Act. The Concise
    Oxford Dictionary defines the word “finance” as “(1) the
    management of (esp. public) money, (2) monetary support
    for an enterprise, (3) (in pl.) the money resources of a
    state, company, or person, to provide capital for (a person
    or enterprise)”.

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    17

    2026:HHC:10208

    72. Black’s Law Dictionary gives the meaning of the word
    “finance” as “to raise or provide funds”.

    73. Thus, “financing” as generally understood is offering

    .

    monetary support or providing funds.

    74. Therefore, simply providing money for a particular
    transaction or other transactions will not be financing of that

    activity. Financing will have to be interpreted to mean to
    provide funds for either making that particular activity
    operational or for sustaining it. It is the financial support that

    of
    directly or indirectly causes the existence of such illicit traffic.
    The word “financing” would necessarily refer to some
    activities involving illegal trade or business

    75. The allegations against the Applicant of spending
    rt
    money in procuring drugs for Sushant Singh Rajput will
    not, therefore, mean that she had financed illicit traffic.”

    (emphasis supplied)

    18. Thus, the purchase of the drugs will not amount to

    financing, and the petitioners, Karan and Suraj, cannot be prima

    facie held liable for the commission of an offence punishable

    under Section 27A of the NDPS Act.

    19. The petitioners, Binta and Swati, were found in

    possession of 20.65 grams of heroin as per the status report. It

    was submitted that it is an intermediate quantity and the rigours

    of Section 37 of the NDPS Act do not apply to the present case, and

    the petitioners are entitled to bail as a matter of right. This

    submission is not acceptable. It was laid down by this Court in

    Khushi Ram Gupta v. State of H.P., 2022 SCC OnLine HP 3779, that

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    18
    2026:HHC:10208

    the menace of drug addiction has seriously eroded into the fabric

    of society, and the release of an accused on bail in NDPS Act cases

    .

    will send a negative signal to society. It was observed:

    “8. The menace of drug addiction, especially in adolescents

    and students, has seriously eroded into the fabric of society,
    putting the future generation as well as the prospects of
    future nation-building into serious peril.

    of

    9. It is not a case where the investigating agency is clueless
    in respect of evidence against the petitioner. Though
    allegations against the petitioner are yet to be proved in
    accordance with the law, it cannot be taken singly as a factor
    rt
    to grant bail to the petitioner. Nothing has been placed on
    record on behalf of the petitioner to divulge as to how and in

    what manner he came in contact with the persons who were
    residents of the State of Himachal Pradesh. Thus, there is
    sufficient prima facie material to infer the implication of the
    petitioner in the crime. In such circumstances, the release of

    the petitioner on bail will send a negative signal in society,
    which will definitely be detrimental to its interests.

    10. The prima facie involvement of the petitioner in the
    dangerous trade of contraband cannot be ignored merely on

    account of the fact that he has no past criminal history. It
    cannot be guaranteed that there will be re-indulgence by the
    petitioner in similar activities, in case he is released on

    bail.”

    20. Similarly, it was held in Bunty Yadav v. State of H.P.,

    2022 SCC OnLine HP 4996, that the bail cannot be claimed as a

    matter of right even though the rigours of Section 37 of the NDPS

    Act do not apply to a case. Each case has to be adjudged on its own

    facts. It was observed:

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    19

    2026:HHC:10208

    “6. The quantity involved in the case is 89.89 grams of
    heroin and 3.90 grams of MDMA. Such quantity may not
    technically fall under the category of commercial quantity;

    .

    nevertheless, such quantity cannot be termed to be less by

    any stretch of the imagination. The evident nature of
    commercial transactions and dealing with the contraband
    aggravates the situation for the petitioner. In a case where

    Section 37 of the NDPS Act is not applicable, the bail cannot
    be claimed as a matter of right. The fate depends on the
    facts of each and every case.

    of

    7. The menace of drug addiction, especially in adolescents
    and students, has seriously eroded into the fabric of
    society, putting the future generation as well as the
    prospects of future nation-building into serious peril.”

    21.
    rt
    It was laid down by the Hon’ble Supreme Court in

    Union of India v Namdeo Ashruba Nakade SLP (Crl.) 9792/2025,

    decided on 07.11.2025, that there is a concerning increase in drug

    abuse amongst the youth. It was observed: –

    8. This Court is of the view that the issue of substance
    abuse has emerged as a global public health crisis in the

    twenty-first century, affecting every country worldwide,
    as drug trafficking and addiction have become pervasive.

    The United Nations Office on Drugs and Crime (UNODC)

    reported in its 2025 World Drug Report that “As at 2023,
    some 316 million people worldwide had used drugs in the
    past year, representing an increase over the past decade
    that outpaces population growth, which indicates a higher
    prevalence of drug use.”

    9. In India, there has been a concerning increase in drug
    abuse among the youth. Substance abuse not only affects
    individuals, families, and communities but also
    undermines various aspects of health, including physical,
    social, political, and cultural foundations, and mental
    well-being. (See: “Bhattacharya S, Menon GS, Garg S,

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    20
    2026:HHC:10208

    Grover A, Saleem SM, Kushwaha P. The lingering menace
    of drug abuse among the Indian youth-it’s time for action.
    Indian J Community Med 2025;50:S9-12, published on 17th

    .

    April, 2025″)

    10. According to many news reports, India faces a clear
    dilemma between tackling the narcotics crisis
    systematically or sacrificing its most valuable resource, i.e.

    its young people. The extent of menace of drug abuse has
    also been highlighted by this Court in the case of Ankush
    Vipan Kapoor v. National Investigation Agency, (2025) 5 SCC

    of
    155, wherein this Court has observed as under:

    “9.1 The ills of drug abuse seem to be shadowing the
    length and breadth of our country, with the Central
    rt
    and every State Government fighting against the
    menace of substance abuse. The debilitating impact
    of the drug trade and drug abuse is an immediate and

    serious concern for India. As the globe grapples with
    the menace of escalating Substance Use Disorders
    (“SUD”) and an ever accessible drug market, the

    consequences leave a generational Page 75 of 84
    imprint on public health and even national security.
    Article 47 of the Constitution makes it a duty of the

    State to regard the raising of the level of nutrition
    and the standard of living of its people and the

    improvement of public health as among its primary
    duties and in particular the State shall endeavour to
    bring about prohibition of the consumption except

    for medicinal purposes of intoxicating drinks and of
    drugs which are injurious to health. The State has a
    responsibility to address the root causes of this
    predicament and develop effective intervention
    strategies to ensure that India’s younger population,
    which is particularly vulnerable to substance abuse,
    is protected and saved from such a menace. This is
    particularly because substance abuse is linked to
    social problems and can contribute to child
    maltreatment, spousal violence, and even property
    crime in a family.”

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    21

    2026:HHC:10208

    22. Hence, the petitioners, Binta and Swati, cannot be

    released on bail merely because the rigours of Section 37 of the

    .

    NDPS Act do not apply to the present case.

    23. The status report shows that the petitioners, Binta and

    Swati, were not only found in possession of heroin but also in

    of
    possession of currency notes of ₹2,33,337/-, small packets of

    polythene, 14 mobile phones and a huge quantity of jewellery.

    rt
    Prima-facie the recovery of the small packets containing the

    traces of heroin, a huge quantity of jewelry and financial

    transactions in the account of the petitioners shows that they are

    drug dealers and no leniency can be shown to them. Further, the

    status report shows that FIR No. 167 of 2024 was registered

    against the petitioner Binta Mahajan, which is pending before the

    Court. Therefore, these circumstances will disentitle petitioners

    Binta and Swati from the concession of bail.

    24. In view of the above, the petitions filed by Swati and

    Bimla are dismissed while the petitions filed by Pawan Kumar

    Bhatti, Karan and Suraj are allowed and they are ordered to be

    released on bail, subject to their furnishing bail bonds in the sum

    of ₹1,00,000/-each with one surety each in the like amount to the

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    22
    2026:HHC:10208

    satisfaction of the learned Trial Court. While on bail, the

    petitioners will abide by the following conditions: –

    .

    (I) The petitioners will not intimidate the witnesses, nor
    will they influence any evidence in any manner
    whatsoever.

    (II) The petitioners shall attend the trial on each and every
    hearing and will not seek unnecessary adjournments.

    of
    (III) The petitioners will not leave the present address for a
    continuous period of seven days without furnishing the
    address of the intended visit to the SHO concerned, the
    Police Station concerned and the Trial Court.
    rt
    (IV) The petitioners will surrender their passports, if any, to
    the Court; and

    (V) The petitioners will furnish their mobile number and
    social media contact to the Police and the Court and will
    abide by the summons/notices received from the

    Police/Court through SMS/WhatsApp/Social Media
    Account. In case of any change in the mobile number or
    social media accounts, the same will be intimated to the

    Police/Court within five days from the date of the
    change.

    25. It is expressly made clear that in case of violation of

    any of these conditions, the prosecution will have the right to file

    petitions for cancellation of the bail.

    26. The petitions stand accordingly disposed of. A copy of

    this order be sent to the Jail Superintendent of District-cum-

    Open Air Jail Chamba, District Chamba and the learned Trial Court

    by FASTER.

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS
    23

    2026:HHC:10208

    27. The observations made hereinabove are regarding the

    disposal of these petitions and will have no bearing, whatsoever,

    .

    on the case’s merits.

    (Rakesh Kainthla)

    Judge
    6th April, 2026
    (Nikita)

    of
    rt

    ::: Downloaded on – 06/04/2026 20:34:32 :::CIS



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here