LAWS(HPH)-2026-3-8

VIVEK SHARMA Vs. NCB

Decided On March 16, 2026
VIVEK SHARMA Appellant
V/S
NCB Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in Crime No. 52 of 2022, dtd. 21/7/2022, registered with the Narcotics Control Bureau, Sub Zone, Mandi, H.P., for the commission of offences punishable under Ss. 8, 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).

(2.) It has been asserted that, as per the prosecution, the Intelligence Officer, Narcotics Control Bureau (NCB), received a secret information that Vivek Sharma was going from Tissa along with one Rakesh Kumar and one lady in a vehicle bearing of registration No. PB-07Y-2385. They had concealed a huge quantity of charas in the vehicle. The information was presented to Sandeep Kumar Yadav, who formed a team. Local police officials were associated and the vehicle was intercepted. The driver identified himself as Rakesh Kumar. The person sitting in the front seat identified himself as Vivek Sharma (the present petitioner), and the woman sitting in the rear seat identified herself as Praveen Kumari. The vehicle was searched after completing the formalities, and 1.950 kilograms of charas was recovered. The samples were taken. The occupants were arrested.

(3.) The petition is opposed by filing a status report asserting that the NCB received a secret information regarding the transportation of a huge quantity of charas in a car bearing registration No. PB-07Y-2385 on 21/7/2022. The information was passed to Assistant Director, NCB, Amritsar. A team was constituted, and the vehicle was intercepted. Recovery of 1.950 kilograms of charas was made from the possession of Vivek Sharma, Rakesh Kumar and Parveen Kumari. Voluntary statements of accused persons were recorded, and they were arrested. Petitioner Vivek Sharma made a statement under Sec. 67 that he had bought 2.00 kilograms of charas from Taj Mohammad. Rakesh Kumar also made a voluntary statement under Sec. 67 of the NDPS Act and admitted his guilt. The petitioner was in touch with Rakesh Sharma. The charge sheet was filed before the Court. NCB has cited 11 witnesses, out of whom two have been examined. The witnesses were summoned on 13/1/2026, 14/1/2026, and 15/1/2026. The petitioner would flee from justice if released on bail. Hence, it was prayed that the present petition be dismissed.