Sharvan Kumar Vs Central Bureau of Narcotics

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CRM-M-6123-2025 and CRM-M-31274-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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111

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CRM-M-6123-2025

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Sharvan Kumar ......Petitioner Versus Central Bureau of Narcotics ......Respondent 111-2 CRM-M-31274-2025

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Rahul ......Petitioner

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Versus

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Central Bureau of Narcotics ......Respondent Decided on: 07.07.2026

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CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

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Present: Mr. Adarsh Priyadarshi, Advocate for the petitioner (in CRM-M-6123-2025).

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Mr. Rajesh Lamba, Advocate for the petitioner (in CRM-M-31274-2025).

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Mr. Rajiv Sharma, Special Public Prosecutor Mr. Vinayak Atri, Advocate for respondent-CBN ****

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SANJAY VASHISTH, J.(Oral)

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By way of this common order, both the aforementioned petitions are being disposed of.

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Present petitions have been filed under Section 483 of the BNSS, seeking regular bail in complaint case No. 02 of 2024 dated 10.07.2024, registered under Sections 8, 22 and 29 of the NDPS Act at Police Station Central Bureau of Narcotics, P & I, New Delhi.

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RASHMI 2026.07.08 19:27 I attest to the accuracy and integrity of this document

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CRM-M-6123-2025 and CRM-M-31274-2025 2

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It is noticed that petitioners were arrested on 15.01.2024. Final report was submitted on 11.07.2024, and charges were framed on 07.02.2026. However, no prosecution witness has been examined till date.

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Since the recovery from accused-Rahul is substantial, same has been considered in paragraphs 3 and 4 of the order dated 04.03.2025 passed by learned Additional Sessions Judge, Faridabad, whereby the application for bail filed by accused-Rahul was dismissed.

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For reference, paragraphs 3 and 4 of the order dated 04.03.2025 are reproduced as under:

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“3. Case of the prosecution in brief is that on the basis of secret information, the applicant Rahul was apprehended while he was driving his Bullet motor cycle bearing registration No.HR-27H-0608 and from his possession Tramadol Injection - 500 Ampoules, Buprenorphine Injection - 2400 Ampoules and Alprazolam Tablets - 67860 were recovered, which were taken into possession after complying the mandatory provisions of NDPS Act.

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4. The quantity of intoxicated medicines recovered from the applicant falls under commercial quantity as total weight of Tramadol is 1 Kg, weight of Buprenorphine Injections is 4.8 Kg while weight of alprazolam is 8.829 Kg. The applicant had purchased the said medicines from the coaccused Sharvan, who is supplier of the medicines. During investigation, it is found that the applicant Rahul had transferred an amount of Rs. 3.5 lakh to the bank account of co-accused Sharvan through various transactions. The bills of medicines in favour of firm of co-accused Sharvan find

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RASHMI 2026.07.08 19:27 I attest to the accuracy and integrity of this document

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CRM-M-6123-2025 and CRM-M-31274-2025 3

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mentioned batch number of the medicines which matched with medicines recovered from the applicant Rahul. Admittedly, this is the second bail application of the applicant. His first bail application was dismissed on merits by this Court vide order dated 25.10.2024 while observing that offence under section 22 of NDPS Act carries maximum punishment of 20 years with fine upto Rs. 2 lakh and quantity of the contraband, recovered from the applicant, falls under commercial quantity and thus, provisions of Section 37 of the NDPS Act comes into play. There is no change in the circumstances since the dismissal of previous bail application of the applicant except enhancement of custody period. Moreover, the applicant has intentionally concealed the material fact that he has also filed an application for interim bail before the Hon'ble High Court and the same was dismissed on 05.12.2024. No averment in the present bail application is made by the applicant in this regard. Thus bail application is liable to be dismissed on this ground alone. The authorities relied upon by ld. Counsel for the applicant have distinguishable facts and the same are not applicable to the facts and circumstances of the present case.”

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Considering that the petitioners are in custody for a period of last about 02 years and 06 months and keeping in view the huge recovery of narcotic drugs allegedly effected in the present case, this Court is not inclined to grant the concession of bail at this stage.

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Accordingly, present petitions are disposed of with a direction to the learned Trial Court concerned and the Central Bureau of Narcotics to ensure that the prosecution evidence is concluded expeditiously. Thereafter, the learned Trial Court shall make an

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RASHMI 2026.07.08 19:27 I attest to the accuracy and integrity of this document

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CRM-M-6123-2025 and CRM-M-31274-2025 4 endeavour to conclude the trial, as far as possible, within a period of eight

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months from today.

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Let a copy of this order be forwarded to the learned Trial Court concerned for necessary compliance and also through Mr. Rajiv Sharma, Special Public Prosecutor for CBN, for onward transmission to the prosecuting agency.

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A photocopy of this order be placed on the file of another connected case.

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(SANJAY VASHISTH)

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July 07, 2026 rashmi

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JUDGE Whether Speaking/Reasoned: YES/ NO Whether Reportable: YES/ NO

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RASHMI 2026.07.08 19:27 I attest to the accuracy and integrity of this document

Sharvan Kumar v. Central Bureau of Narcotics

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Sharvan Kumar v. Central Bureau of Narcotics

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