The Himachal Pradesh High Court recently denied bail to Deepak Sharma, an accused in a case involving the trafficking of Heroin, under Section 27A of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The Court made it clear that bail under the NDPS Act cannot be granted based on assumptions or leniency.
The accused filed his bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. He claimed innocence and argued that he had no direct involvement in drug trafficking, only consuming drugs personally.
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The case originated from a police operation where 468.380 grams of Heroin were recovered from a vehicle traveling from Shimla to Rohru. One of the passengers had hidden the substance in his underwear. After interrogating the suspects, the police uncovered a larger drug network operating across Himachal Pradesh.
During the investigation, bank records revealed multiple money transfers from Deepak Sharma to the gang leader. These transactions led the authorities to arrest him under Section 27A, which covers the financing of illegal drug trafficking. This section carries a minimum punishment of 10 years of rigorous imprisonment.
Sharma argued that the Heroin was not found in his possession and he had no criminal record. He also highlighted that his co-accused were granted bail by a Special Judge in Shimla. However, the High Court rejected these arguments.
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"At the time of deciding the bail application, the Courts are not expected to draw such assumptions and the provisions of NDPS Act are to be interpreted literally and not liberally," observed Justice Virender Singh.
The Court emphasized that offences under Section 27A of the NDPS Act are governed by strict conditions under Section 37. This section mandates that bail should not be granted unless two key conditions are fulfilled:
- The court must be satisfied that the accused is not guilty.
- There should be reasonable grounds to believe the accused will not commit any offence if released on bail.
Referring to the Supreme Court’s decision in Narcotics Control Bureau v. Kashif, the Himachal Pradesh High Court reaffirmed that the nature of offences under Section 27A means “negation of bail is the rule, and its grant is an exception.”
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Regarding the co-accused who were previously granted bail, the Court criticized the earlier decision, stating:
"The order of bail passed by the Special Judge Bench, Shimla, was made without considering Section 37 of the NDPS Act."
Consequently, the High Court not only rejected Deepak Sharma’s bail plea but also took suo motu action against the other co-accused who were granted bail. Show cause notices were issued asking them to explain why their bail should not be cancelled.
Case Name: Deepak Sharma v/s State of Himachal Pradesh
Case No.: Cr.MP (M) No. 456 of 2025
For the applicant : Mr. Ashok Sharma, Senior Advocate with Mr. Vinod Chauhan, Advocate.
For the respondent : Mr. Tejasvi Sharma & Mr. Varun Chandel, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General.
