MAHINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 210 of 2023, dtd. 5/8/2023, registered at Police Station, Baddi, District Solan, H.P., for the commission of offences punishable under Ss. 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

(2.) It has been asserted that the police searched the house of the petitioner based on secret information and recovered 14500 tablets of Tramadol Hydrochloride and Alprazolam. Co-accused, Amit Kumar, disclosed during Amit Verma that the Amit Kumar had supplied the tablets to him on 30/7/2019. The petitioner is innocent, and he was falsely implicated. The challan was filed on 16/1/2024, and no prosecution witness has been examined so far. The Hon'ble Supreme Court had granted bail to the co-accused, Anuj Kumar, on 10/9/2025 because of the delay in the progress of the trial. The petitioner is entitled to bail on the principle of parity; hence, the present petition.

(3.) The petition is opposed by filing a status report asserting that the police were on patrolling duty on 5/8/2023. They received secret information at 4.40 PM that petitioner Mohinder was selling narcotic drugs, and a huge quantity of drugs could be recovered during his search. The information was reduced to writing and was sent to the Deputy Superintendent of Police. The Drugs Inspector Promila, independent witnesses Kuldeep Rahul and Sita Ram were associated, and the police searched the house in their presence. Petitioner was found in Room No. 22. The police recovered 14500 tablets of Tramadol Hydrochloride weighing 5133 grams, 11400 tablets of Alprazolam tablets weighing 1413.6 grams, and 600 tablets of Alprazolam weighing 61.2 grams from the room. The police seized the tablets and arrested petitioner Mohinder Singh, who revealed during the inquiry that the co-accused Amit Kumar had supplied the tablets to him. The police arrested the co-accused Amit Kumar and recovered his mobile phone. His WhatsApp revealed that he and petitioner Mohinder had talked to each other regarding the supply of the tablets. The co-accused Amit Kumar revealed that he had purchased the medicines from Anuj Sharma. The police arrested Anuj Sharma. The police checked their account and found that co-accused Amit Kumar had transferred Rs.10,000.00 and Rs.47,500.00 to Anuj Sharma. This was also cross-checked from the account of Anuj Sharma. The result of the analysis confirmed the tablets to be Tramadol Hydrochloride and Alprazolam. The challan was prepared and presented before the Court on 28/11/2023. The prosecution has cited 35 witnesses. The matter is listed for recording the statements of six witnesses on 24/11/2025, 28/11/2025 and 29/11/2025. Hence, the status report.