Bail App No. 217/2025 p. 1 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. Bail App No. 217/2025 Reserved on: 25.11.2025 Pronounced on: 28.11.2025 Uploaded on: 28.11.2025 Whether the operative part or full judgment is pronounced Garv Bhambri …..Petitioner/Appellant(s) Through: Mr. Koshal Parihar, Advocate Mr. Kaushal Kait, Advocate Mr. Rahul Sharma, Advocate Vs Union of India .…. Respondent(s) Through: Mr. Vishal Sharma, DSGI Mr. Eishan Dadhichi, CGSC Mr. Anishwar Chatterji Koul, CGSC CORAM: HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE (JUDGMENT) 1. The petitioner has invoked the jurisdiction of this Court in terms of Section 483 of BNSS, seeking enlargement on bail and also has questioned the legality of order dated 31.07.2025, passed by learned Special Judge (NDPS Cases), Jammu [the trial Court] whereby, bail application of the petitioner came to be dismissed, arising out of Crime No. 02/2024 under Sections Bail App No. 217/2025 p. 2 8/22/26/29 NDPS Act. This application came to be filed and rejected during further investigation, insofar as petitioner is concerned. 2. Before heading further, it is important to note that in Crime No. 02/2024, the first complaint was filed on 11.07.2024 however, on further investigation, supplementary complaint has been filed on 08.08.2025, against as many as 08 accused, including the petitioner herein (A-5) and matter is pending before the trial Court at the stage of charge/discharge. 3. Relevant facts, in brief are that on 14.01.2024, a source information received that co-accused namely, Rayees Ahmed Bhat is illegally trafficking Codeine based Cough Syrup (CBCS), accordingly, team of Narcotic Control Bureau, Jammu (NCB) intercepted the video coach bus at inter-state Bus Stand, Narwal, Jammu and the authorized officer of NCB Team, after disclosing his identity, conducted search and alleged to have recovered from the possession of Rayees Ahmed Bhat, (accused No. 1), who stated to be travelling in the said bus, 50 bottles (100 ml each) of Codeine Based Cough Syrup (CBCS) and 02 bottles Codeine (2,280 kg), 100 Tepentadol Tablet 100 mg each. It is further alleged that NCB, Jammu has also seized 267 bottles of Codeine Bail App No. 217/2025 p. 3 Based Cough Syrup as Cocrex (33.980 kgs), 900 tablets of Alprazolam, 56 capsules of Tramadol, 210 tablets of Lorazepam, 570 tablets of Clobazam and Indian Currency amounting to Rs. 15,03,750/- from the house of the accused Mohd. Sabir (accused No. 2) as his involvement surfaced during investigation along with that of Mohd. Maqbool (accused No. 3), who said to have disclosed during investigation that the manufacturing drug supplied by M/s N.K Pharmaceutical and Garv Bhambri (petitioner herein) is the drug license holder of the said firm, however, it is further seen that initially, during the investigation, the petitioner herein despite being put to notices, did not join the investigation but only in pursuance of a warrant of arrest issued by the competent Court, the petitioner came to be arrested on 14.02.2025. 4. During investigation, an unholy drug cartel allegedly being run by the Pharmaceutical companies, namely; N.K Pharmaceutical, Drug License issued in the name of Garv Bhambri (petitioner herein); Vidit Industries (M/s Vidit Healthcare) being run and operated by its owner namely, Neeraj Bhatia and also M/S S.S. Industries also surfaced. These Bail App No. 217/2025 p. 4 firms/companies stated to have been dealing in the manufacturing, supply, marketing etc. of drugs, including CBCS. 5. It is further seen that M/s N.K Pharmaceutical was run by accused, Niket Kansal having drug licence without any authorization issued in the name of petitioner herein, who is nowhere related to Kansal family, thus, as per the prosecution case, same allegedly indicates the nexus between the accused, who said to have established fake firms for illicit trafficking. 6. During investigation, very minute details appear to have been collected which went onto unravel continued production and supply of Codeine Based Syrup by these companies which establishes the mens rea and habitual offending and criminal conspiracy for trafficking of CBCS through multi-state syndicate for large scale illicit gains. 7. The financial transaction between all the accused including their bank details have been collected and also in this regard, digital data/chats recovered from phones and same went onto show as to how all the accused have created different pharmaceutical companies/firms so as to carry out illicit drug trafficking, which have been allegedly operating from Dubai to Bangkok, besides from various parts of the country. Bail App No. 217/2025 p. 5 8. Supplementary complaint also includes the minute detail of CDR so as to establish the continued conversation inter- alia between the petitioner-Garv Bhambri and rest of the accused namely, Niket, Neeraj, Sumesh, etc. who said to be running different pharmaceutical firms, including some shell firms and the accused have failed to account for the same. 9. Now, coming to the earlier bail application, same came to be rejected by the trial Court vide order dated 31.07.2025 after taking into consideration the commercial quantity of the alleged seized drug and in view of the law governing the subject, particularly, the embargo of Section 37 of NDPS Act, inasmuch as the stage of further investigation qua the petitioner. 10. The petitioner is seeking enlargement on bail on the ground that there is no direct evidence or role attributed to the petitioner in commission of alleged offence, however, it is only on the basis of disclosure made by the co-accused, he has been roped in. It is further vehemently argued that even in the seized bottles allegedly containing Codeine content, does not fall within the prescribed limit which brings it within the ambit of NDPS Act. The other limb of argument of learned counsel for the petitioner is Bail App No. 217/2025 p. 6 that some of the co-accused have been admitted to bail, even some stood discharged. 11. On the other hand, respondent has filed the objections and resisted the application on the ground that huge quantity of Codeine Based Cough Syrup bottles containing Codeine and other Psychotropic substance have been recovered, that falls within the definition of commercial quantity and also in view of the larger nexus between the Pharmaceutical companies, who have indulged in illicit trafficking, the petitioner does not deserve the concession of bail at this stage. It is also argued that supplementary complaint is pending disposal before the trial Court at the stage of charge/discharge, therefore, all these pleas are available to the petitioner while hearing on charge/discharge. 12. According to Mr. Vishal Sharma, learned DSGI there exists reasonable ground showing involvement of accused in commission of offence and in this regard, the supplementary complaint, contains sufficient material which unerringly points towards the involvement of the petitioner in the commission of alleged crime. It is further submitted that the offence allegedly committed by the petitioner is heinous, which affects society at large, and particularly targets the younger generation. In the Bail App No. 217/2025 p. 7 objections, it is also asserted that there is every likelihood of the petitioner misusing the liberty, if granted bail. Learned counsel for the respondent also submitted at bar that the petitioner cannot seek parity with the co-accused who have been either bailed out or discharged as those orders have been passed by the trial Court in blatant violation of the statutory provisions and the law governing the subject as such, came to be assailed before the High Court. Hence, prayed for rejection of bail. 13. Heard, perused the record and considered. 14. It is to be noted that the petitioner, Garv Bhambri earlier filed application seeking bail before the trial Court, at that time, further investigation qua the petitioner and co-accused was in progress, however, as of now, admittedly, supplementary complaint is filed before the trial Court and matter is pending consideration at the stage of charge/discharge. 15. Going by the allegations contained in the supplementary complaint, it appears that inter-alia, petitioner-Garv Bhambri came to be arrayed as accused on the ground that he was found holding drug licence in respect of M/s N.K Pharmaceuticals and as per the material collected during investigation, this was one of the firms which was found to have been supplying the Bail App No. 217/2025 p. 8 manufactured drugs and other substance for illicit drug trafficking and this is not only simple drug trafficking of the manufacturing drug but there allegedly appears to be a cartel of pharmaceutical firms involved in this illegal transportation, sale and purchase of the manufactured drugs which is operating within the country as well as outside the country. 16. For the purposes of the present petition, it is sufficient to note that the quantity of the Codeine Based Cough Syrup containing codeine a manufactured drug and other Psychotropic substance allegedly recovered falls within the ambit of commercial quantity, therefore, the embargo of Section 37 comes into play. 17. The consistent stand of the petitioner is that given the contents of the codeine, same does not fall within the mischief of NDPS Act, however, the contents of the codeine can be relevant only when shown for what purpose, the same was being intended, However, prima-facie, keeping in view the bulk quantity of manufacturing drug alleged to have been seized and the nexus between different pharmaceutical companies including creation of shell companies, same prima-facie unravels nexus between the Bail App No. 217/2025 p. 9 shell pharmaceutical firms, which in fact appears to have turned into Drug syndicate, involved in drug trafficking. 18. As it has been observed hereinbefore that the supplementary complaint contains minute details regarding creation of shell companies, fake invoices, nexus between pharmaceutical companies, and their continued indulgence in illegal trafficking of manufactured drugs and psychotropic substances, therefore, it is important to note that there is sufficient material available on record in the form of financial transactions, CDR record, possession of drug licenses to run the pharmaceutical companies which shows a larger criminal conspiracy between the accused to get gains by way of illicit drug trafficking. 19. 19. When confronted with these allegations in the indictment, the Court is also conscious of the fact that in such like offences, no leniency is required to be shown to the accused as the person who are found indulging in such like activities are instrumental in causing death or inflicting death blow to number of young victims who are vulnerable. Such accused causes deleterious effects and deadly impact on the society. In this regard, guidance can be drawn from the judgment of Hon’ble Bail App No. 217/2025 p. 10 Supreme Court in case titled Mohd. Zahid Vs. State through NCB; (2022) 12 SCC 426. 20. Where it is alleged that recovered quantity of drug falls within the commercial quantity, in that event, unless the Court records the satisfaction on the twin requirement as envisaged under Section 37 of the NDPS Act, it is legally impermissible to grant concession of bail. 21. I am fortified in my view by the recent judgment of the Hon’ble Supreme Court passed in Union of India Vs. Vigin K. Varghese; 2025 SCC OnLine SC 2440, whereby while setting aside the order of the High Court granting bail without properly considering the rigors of Section 37 held thus:- “17. The High Court then, on the strength of those premises, recorded a finding that there exist reasonable grounds to believe that the applicant is not guilty of the alleged offence, treating prolonged incarceration and likely delay as the justification for bail. Such a finding is not a casual observation. It is the statutory threshold under Section 37(1)(b)(ii) which would disentitle the discretionary relief and grant of bail must necessarily rest on careful appraisal of the material available. A conclusion of this nature, if returned without Bail App No. 217/2025 p. 11 addressing the prosecution’s assertions of operative control and antecedent involvement, risks trenching upon appreciation of evidence which would be in the domain of trial court at first instance. 22. …………The matters are remitted to the High Court of Judicature at Bombay for fresh consideration of the respondent’s prayer for bail. The High Court shall, after affording an opportunity of hearing to both the sides and upon adverting to the statutory requirements of Section 37 and to the relevant material on record, pass a reasoned order keeping in mind the observations made hereinabove within four weeks from the date of receipt of this order…………………………………..” 22. As it has been observed that during investigation, sufficient material alleged to have been collected which prima- facie points towards the larger conspiracy appears to be hatched by the pharmaceutical firms, who have virtually turned into Drug syndicate and also have created shell companies to perpetrate illegal trafficking oblivion of penal consequences under the provisions of NDPS Act. 23. In view of the settled proposition of law, particularly in absence of any factual foundation by the petitioner that the twin Bail App No. 217/2025 p. 12 conditions of Section 37 of NDPS Act are satisfied, the petitioner is not entitled to bail at this stage. 24. Accordingly, the bail application is dismissed. (SHAHZAD AZEEM) JUDGE JAMMU 28.11.2025 Tarun/PS Whether order is speaking: Yes/No Whether order is reportable: Yes/No Mihul Singh 2025.11.28 15:06 I attest to the accuracy and integrity of this document