CRM-M-9469-2025 112 IN THE HIGH COURT OF PUNJAB AND HARYANA Gurmukh Kapoor alias Babbu State of Punjab CORAM : HON'BLE MR. JUSTICE Present: Mr. Gautam Dutta, Sr. Advocate with Mr. Saurabh Sharma, Advocate for the petitioner. Mr. K.D.Sachdeva, DAG Punjab. Rajesh Bhardwaj, J. 1. Present bail to the petitioner in case bearing FIR No. 21(c) of the NDPS Act (Section 21(c) corrected to Section 22(c) later on) registered at Police Station 2. As per the police officers, ASI Satpal along with other police officials reached Krishna Nagar, Ferozepur City, where Drug DSP Bhupinder Singh A.N.T.F., Ferozepur, were already present. The premises/medical store of M/s J.S.Pharmaceuticals of which Gurmukh Kapoor and Kuldeep Kapoor Inspector Ms. Sonia Gupta. After removing the seal put over the medical store in the presence of Satnam Singh M.C and Kunal Kapoor son of Raman Kapoor, its upper portion was checked and (1) 300 injections of NRX Tramadol Hydrochloride OPODOL having Batch No.1 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Gurmukh Kapoor alias Babbu VERSUS CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Mr. Gautam Dutta, Sr. Advocate with Mr. Saurabh Sharma, Advocate for the petitioner. Mr. K.D.Sachdeva, DAG Punjab. -.- Rajesh Bhardwaj, J. (ORAL) Present first petition has been filed praying for the grant of regular the petitioner in case bearing FIR No.25 21(c) of the NDPS Act (Section 21(c) corrected to Section 22(c) later on) registered at Police Station Special Task Force, District STF Wing As per the prosecution version, on 22.01.2025, as per orders of higher police officers, ASI Satpal along with other police officials reached Krishna Nagar, Ferozepur City, where Drug Inspector Ms. Sonia Gupta along with her team and DSP Bhupinder Singh A.N.T.F., Ferozepur, were already present. The premises/medical store of M/s J.S.Pharmaceuticals of which Gurmukh Kapoor and Kuldeep Kapoor (partners) were already present there, Inspector Ms. Sonia Gupta. After removing the seal put over the medical store in the presence of Satnam Singh M.C and Kunal Kapoor son of Raman Kapoor, its upper portion was checked and (1) 300 injections of NRX Tramadol Hydrochloride having Batch No.1-768 Mfg May 2023 Exp. APR 2025, (2) 150 tablets -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-9469-2025 (O&M) Date of Decision : 07.05.2026 ....Petitioner ....Respondent RAJESH BHARDWAJ Mr. Gautam Dutta, Sr. Advocate with Mr. Saurabh Sharma, Advocate for the petitioner. petition has been filed praying for the grant of regular 25, dated 22.01.2025, under Section 21(c) of the NDPS Act (Section 21(c) corrected to Section 22(c) later on) Special Task Force, District STF Wing. prosecution version, on 22.01.2025, as per orders of higher police officers, ASI Satpal along with other police officials reached Krishna Nagar, Inspector Ms. Sonia Gupta along with her team and DSP Bhupinder Singh A.N.T.F., Ferozepur, were already present. The premises/medical store of M/s J.S.Pharmaceuticals of which Gurmukh Kapoor and present there, got sealed by Drug Inspector Ms. Sonia Gupta. After removing the seal put over the medical store in the presence of Satnam Singh M.C and Kunal Kapoor son of Raman Kapoor, its upper portion was checked and (1) 300 injections of NRX Tramadol Hydrochloride 768 Mfg May 2023 Exp. APR 2025, (2) 150 tablets petition has been filed praying for the grant of regular , under Section 21(c) of the NDPS Act (Section 21(c) corrected to Section 22(c) later on), prosecution version, on 22.01.2025, as per orders of higher police officers, ASI Satpal along with other police officials reached Krishna Nagar, Inspector Ms. Sonia Gupta along with her team and DSP Bhupinder Singh A.N.T.F., Ferozepur, were already present. The premises/medical store of M/s J.S.Pharmaceuticals of which Gurmukh Kapoor and sealed by Drug Inspector Ms. Sonia Gupta. After removing the seal put over the medical store in the presence of Satnam Singh M.C and Kunal Kapoor son of Raman Kapoor, its upper portion was checked and (1) 300 injections of NRX Tramadol Hydrochloride 768 Mfg May 2023 Exp. APR 2025, (2) 150 tablets TRIPTI SAINI 2026.05.08 17:49 I attest to the accuracy and integrity of this document CRM-M-9469-2025 of NRX Zolpidem Tartrate having Batch No. Gent Ex.10/2025, (3) Exp.3/2025, (4) 3180 tablets of Clonazepam h 2023 Exp. Feb. 2025 (5) 2475 tablets of Zolpidem having Batch No.ENT Mfg. April 2023 Exp. March 2026, (6) 350 tablets of Escitalopram Oxalate Clonazepam having Batch No. T 810 tablets of Aloravan having Batch No.T were recovered. secret information has been sent through Senior Constable Gurjit Kuar Ferozepur to Deputy Superintenden to take legal action against the culprits. Thus, FIR was registered and investigation commenced. The accused got arrested on 22.01.2025. the Court of learned Judge, Special C regular bail. However, after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Ferozepur filed by the petitioner vide order dated petitioner is before this Court praying for the grant of regular bail by way of filing the present petition. 3. Learned petitioner has been falsely implicated in the presen admittedly the petitioner is wholesaler dealer of the medicines. He submits that at the time of recovery the licence of the petitioner submitted that there is every provision for the extension of the licence with the penalty, but the petitioner has been implicated on account of the same. Learned counsel further submits that on account of his medical condition he was granted 2025 (O&M) of NRX Zolpidem Tartrate having Batch No. Gent 135 tablets of Zolpidem having Batch No.ENT Exp.3/2025, (4) 3180 tablets of Clonazepam having Batch No.T 2023 Exp. Feb. 2025 (5) 2475 tablets of Zolpidem having Batch No.ENT Mfg. April 2023 Exp. March 2026, (6) 350 tablets of Escitalopram Oxalate Clonazepam having Batch No. T-621 Mfg. May 2024 Exp. March 2025 and (7) tablets of Aloravan having Batch No.T-677 Mfg. May 2023 Exp. April 2025 were recovered. The report under Section 42 of the NDPS act with regard to this secret information has been sent through Senior Constable Gurjit Kuar Ferozepur to Deputy Superintendent of Police, ANTF Ferozepur. to take legal action against the culprits. Thus, FIR was registered and investigation The accused got arrested on 22.01.2025. the Court of learned Judge, Special Court, Ferozepur praying for the grant of regular bail. However, after hearing both the sides and finding no merit in the learned Judge, Special Court, Ferozepur filed by the petitioner vide order dated 11.02.2025 petitioner is before this Court praying for the grant of regular bail by way of filing the present petition. Learned senior counsel for the petitioner has contended that the petitioner has been falsely implicated in the presen admittedly the petitioner is wholesaler dealer of the medicines. He submits that at the time of recovery the licence of the petitioner submitted that there is every provision for the extension of the licence with the penalty, but the petitioner has been implicated on account of the same. Learned counsel further submits that on account of his medical condition he was granted -2- of NRX Zolpidem Tartrate having Batch No. Gent-7417B, Mfg. 11/2023 135 tablets of Zolpidem having Batch No.ENT-23009, Mfg.4-2023 aving Batch No.T-6927 Mfg. March 2023 Exp. Feb. 2025 (5) 2475 tablets of Zolpidem having Batch No.ENT-23023 Mfg. April 2023 Exp. March 2026, (6) 350 tablets of Escitalopram Oxalate 621 Mfg. May 2024 Exp. March 2025 and (7) 677 Mfg. May 2023 Exp. April 2025 The report under Section 42 of the NDPS act with regard to this secret information has been sent through Senior Constable Gurjit Kuar Ferozepur t of Police, ANTF Ferozepur. Hence, a request was made to take legal action against the culprits. Thus, FIR was registered and investigation The accused got arrested on 22.01.2025. The petitioner approached ourt, Ferozepur praying for the grant of regular bail. However, after hearing both the sides and finding no merit in the learned Judge, Special Court, Ferozepur declined the bail application 11.02.2025. Hence being aggrieved, the petitioner is before this Court praying for the grant of regular bail by way of filing counsel for the petitioner has contended that the petitioner has been falsely implicated in the present case. He submits that admittedly the petitioner is wholesaler dealer of the medicines. He submits that at the time of recovery the licence of the petitioner was found to be expired. It is submitted that there is every provision for the extension of the licence with the penalty, but the petitioner has been implicated on account of the same. Learned counsel further submits that on account of his medical condition he was granted 7417B, Mfg. 11/2023 2023 6927 Mfg. March 23023 Mfg. April 2023 Exp. March 2026, (6) 350 tablets of Escitalopram Oxalate 621 Mfg. May 2024 Exp. March 2025 and (7) 677 Mfg. May 2023 Exp. April 2025 The report under Section 42 of the NDPS act with regard to this secret information has been sent through Senior Constable Gurjit Kuar Ferozepur Hence, a request was made to take legal action against the culprits. Thus, FIR was registered and investigation The petitioner approached ourt, Ferozepur praying for the grant of regular bail. However, after hearing both the sides and finding no merit in the declined the bail application nce being aggrieved, the petitioner is before this Court praying for the grant of regular bail by way of filing counsel for the petitioner has contended that the He submits that admittedly the petitioner is wholesaler dealer of the medicines. He submits that at It is submitted that there is every provision for the extension of the licence with the penalty, but the petitioner has been implicated on account of the same. Learned counsel further submits that on account of his medical condition he was granted TRIPTI SAINI 2026.05.08 17:49 I attest to the accuracy and integrity of this document CRM-M-9469-2025 interim bail by this Court vide order dated 27.10.2025. It is further submitted that he is continuously under He submits that the petitioner is presently not in a position to undergo the surgery. He submits that he has been acquitted in the same that the petitioner has misused the concession Court on account of his granted to the petitioner be made absolute and he be released on regular bail. 4. Per contra, learned State counsel has vehemently opposed the submissions made by counsel for the petitioner medical condition the present petition is commercial investigation is the concession of interim bail granted to him. of the petitioner today in the Court, 5. Heard. 6. After hearing counsel for the parties and pe deciphered that admittedly the petitioner was wholesale dealer in the time of recovery the licence was found to be expired. On account of his medical condition, he was granted interim bail submitted by the learned State counsel that there is nothing on the record to show that the petitioner has misused the concession of interim bail granted to him 7. As held by the Hon'ble Supreme Court in Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260 the case of the petitioner is covered by the ratio of law laid down by the Hon'ble 2025 (O&M) y this Court vide order dated 27.10.2025. It is further submitted that he is continuously under medical treatment and a surgery has also been advised He submits that the petitioner is presently not in a position to undergo the surgery. He submits that though the petitioner was implicated in one more case, however, he has been acquitted in the same. He contends that there is nothing on the record that the petitioner has misused the concession of interim bail granted to him on account of his medical condition. He, therefore, prays the interim bail granted to the petitioner be made absolute and he be released on regular bail. Per contra, learned State counsel has vehemently opposed the made by counsel for the petitioner medical condition of the petitioner, however, submits that the quantity involved in the present petition is commercial quantity. On instruction, he submits that the complete. He further submits that the petitioner has not misused the concession of interim bail granted to him. He has produced custody certificate of the petitioner today in the Court, which is taken on record. Heard. After hearing counsel for the parties and pe that admittedly the petitioner was wholesale dealer in the time of recovery the licence was found to be expired. On account of his medical condition, he was granted interim bail by this Court on 27.10.2025 and a submitted by the learned State counsel that there is nothing on the record to show that the petitioner has misused the concession of interim bail granted to him As held by the Hon'ble Supreme Court in Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260 the case of the petitioner is covered by the ratio of law laid down by the Hon'ble -3- y this Court vide order dated 27.10.2025. It is further submitted that medical treatment and a surgery has also been advised He submits that the petitioner is presently not in a position to undergo the surgery. hough the petitioner was implicated in one more case, however, . He contends that there is nothing on the record of interim bail granted to him by this . He, therefore, prays the interim bail granted to the petitioner be made absolute and he be released on regular bail. Per contra, learned State counsel has vehemently opposed the made by counsel for the petitioner on merits. He has affirmed of the petitioner, however, submits that the quantity involved in quantity. On instruction, he submits that the her submits that the petitioner has not misused He has produced custody certificate which is taken on record. After hearing counsel for the parties and perusing the record, it is that admittedly the petitioner was wholesale dealer in medicines and at the time of recovery the licence was found to be expired. On account of his by this Court on 27.10.2025 and a submitted by the learned State counsel that there is nothing on the record to show that the petitioner has misused the concession of interim bail granted to him. As held by the Hon'ble Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, this Court is of the opinion that the case of the petitioner is covered by the ratio of law laid down by the Hon'ble y this Court vide order dated 27.10.2025. It is further submitted that medical treatment and a surgery has also been advised. He submits that the petitioner is presently not in a position to undergo the surgery. hough the petitioner was implicated in one more case, however, . He contends that there is nothing on the record by this . He, therefore, prays the interim bail Per contra, learned State counsel has vehemently opposed the the of the petitioner, however, submits that the quantity involved in quantity. On instruction, he submits that the her submits that the petitioner has not misused He has produced custody certificate rusing the record, it is and at the time of recovery the licence was found to be expired. On account of his by this Court on 27.10.2025 and as submitted by the learned State counsel that there is nothing on the record to show Hussain , this Court is of the opinion that the case of the petitioner is covered by the ratio of law laid down by the Hon'ble TRIPTI SAINI 2026.05.08 17:49 I attest to the accuracy and integrity of this document CRM-M-9469-2025 Supreme Court. In the abovesaid case Hon'ble Supreme Court expressed its views as under:- 19. A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive preventive detention as well. Therefore, the only manner in which such special conditions as enacted under within constitutional parameters is where the court is reasonably satisfied on a prima facie bail application is made) that the accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the NDPS 20. xxxxx 21. stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is immeasurable. 22. xxxxx 23. There is a further danger of the prisoner turning to crime, “as crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal” ‘The Prison Community’ published in 1940 further deleterious effects economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials laws enact stringent provisions, are taken up and concluded speedi 8. The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the 2025 (O&M) Supreme Court. In the abovesaid case Hon'ble Supreme Court expressed its views 19. A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive preventive detention as well. Therefore, the only manner in which such special conditions as enacted under within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the NDPS Act. 20. xxxxx .....it would be important to reflect that laws which impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is immeasurable. 22. xxxxx 23. There is a further danger of the prisoner turning to crime, “as crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal” ‘The Prison Community’ published in 1940 further deleterious effects - where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials – laws enact stringent provisions, are taken up and concluded speedi The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the -4- Supreme Court. In the abovesaid case Hon'ble Supreme Court expressed its views 19. A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive detention and unsanctioned preventive detention as well. Therefore, the only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably look at the material on record (whenever the bail application is made) that the accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the .....it would be important to reflect that laws which impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked 23. There is a further danger of the prisoner turning to crime, “as crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal”22 (also see Donald Clemmer’s ‘The Prison Community’ published in 194023). Incarceration has where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is – especially in cases, where special laws enact stringent provisions, are taken up and concluded speedily.” The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the Supreme Court. In the abovesaid case Hon'ble Supreme Court expressed its views 19. A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of detention and unsanctioned preventive detention as well. Therefore, the only manner in which such can be considered within constitutional parameters is where the court is reasonably look at the material on record (whenever the bail application is made) that the accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the .....it would be important to reflect that laws which impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked 23. There is a further danger of the prisoner turning to crime, “as crime not only turns admirable, but the more professional the crime, (also see Donald Clemmer’s ). Incarceration has where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is especially in cases, where special ly.” The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the TRIPTI SAINI 2026.05.08 17:49 I attest to the accuracy and integrity of this document CRM-M-9469-2025 parties before the trial Court. 9. The veracity of the allegations would be assessed only after conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial anything on the merits of the case. time. Keeping in view medical condition of the petitioner, this Court finds that interim bail granted on 27.10.2025 deserves to be made absolute. 10. Accordingly, the is made absolute and already furnished Court/Duty Magistrate. cancellation of the bail in case 11. Nothing said herein shall be treated as an expression of opinion on the merits of the cases. May 07, 2025 tripti Whether speaking/non Whether reportable 2025 (O&M) parties before the trial Court. The veracity of the allegations would be assessed only after the trial and on the appreciation of evidence to be led by both the parties before the trial Court. This Court would refrain itself from commenting anything on the merits of the case. The trial of the case will take sufficient long Keeping in view the facts and circumstances of the case, especially the medical condition of the petitioner, this Court finds that interim bail granted on 27.10.2025 deserves to be made absolute. Accordingly, the present petition is allowed. Order d is made absolute and the petitioner is ordered to be already furnished bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. However, the State could be at liberty to apply for cancellation of the bail in case the petitioner is found to be misusing the same. Nothing said herein shall be treated as an expression of opinion on the of the cases. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -5- The veracity of the allegations would be assessed only after the trial and on the appreciation of evidence to be led by both the Court. This Court would refrain itself from commenting The trial of the case will take sufficient long the facts and circumstances of the case, especially the medical condition of the petitioner, this Court finds that interim bail granted on present petition is allowed. Order dated 27.10.2025 the petitioner is ordered to be released on bail subject to his bail/surety bonds to the satisfaction of the concerned trial However, the State could be at liberty to apply for the petitioner is found to be misusing the same. Nothing said herein shall be treated as an expression of opinion on the (RAJESH BHARDWAJ) JUDGE speaking : Speaking : Yes/No The veracity of the allegations would be assessed only after the the trial and on the appreciation of evidence to be led by both the Court. This Court would refrain itself from commenting The trial of the case will take sufficient long the facts and circumstances of the case, especially the medical condition of the petitioner, this Court finds that interim bail granted on 27.10.2025, subject to his bail/surety bonds to the satisfaction of the concerned trial However, the State could be at liberty to apply for the Nothing said herein shall be treated as an expression of opinion on the (RAJESH BHARDWAJ) TRIPTI SAINI 2026.05.08 17:49 I attest to the accuracy and integrity of this document