Fourth bail rejection for Una NDPS accused as High Court Flags Rs 27L financial trail
Shimla | Jan 6,
The Himachal Pradesh High Court has once again refused bail to Gaurav Sharma, a key accused in a major narcotics trafficking case from Una district, citing a strong financial trail and recovery of commercial quantity contraband that attracted the stringent bar under the NDPS Act.
Dismissing the bail plea on Monday, Justice Virender Singh held that suspicious money transfers worth Rs 27 lakh, coupled with call records linking the accused to the alleged supplier, raised serious doubts about Sharma’s claim of innocence at the bail stage.
The prosecution case originates from July 14, 2024, when Una Police intercepted a truck near Majara acting on specific intelligence. The search led to the seizure of 146.89 kg of poppy husk, a quantity classified as “commercial” under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The vehicle driver, Rahul Sharma, was arrested immediately.
During investigation, Rahul Sharma allegedly disclosed that part of the consignment—around 90 kg—was meant for Gaurav Sharma. He further told investigators that payments had been made to the supplier, Vishnu Vaishnav of Rajasthan, through digital transactions.
What significantly strengthened the prosecution case was the financial analysis carried out by the police. Bank records revealed that over a period of nine months, Gaurav Sharma had transferred Rs 27 lakh to the alleged supplier through multiple UPI transactions. According to the prosecution, Sharma failed to provide any credible explanation for these transfers during questioning.
Arguing for bail, Sharma’s counsel contended that no narcotics were recovered from his physical possession and that the case was built primarily on the disclosure statement of a co-accused, which is inadmissible in light of the Supreme Court’s ruling in Tofan Singh vs State of Tamil Nadu.
However, the High Court underlined that cases involving commercial quantities invoke the rigours of Section 37 of the NDPS Act, which mandates twin conditions for bail—prima facie satisfaction of innocence and assurance against re-offending. The court held that these conditions were not met.
The order noted that although the admissibility of the confessional statement would be tested during trial, the money trail and call detail records (CDRs) indicating frequent communication between the accused, the co-accused and the supplier could not be ignored at the bail stage.
“In view of the transactions discussed, this court cannot record a finding at this stage that the accused is not guilty,” the judge observed.
This marks the fourth rejection of bail for Gaurav Sharma. His earlier applications had been dismissed by the Special NDPS Court, Una, as well as by the High Court in July 2025.
Clarifying the scope of the order, the court stated that the observations were confined to adjudication of the bail plea and would have no bearing on the merits of the trial.
With bail denied, the case will now proceed to full trial, where the prosecution’s digital evidence, banking records and witness testimonies will be subjected to judicial scrutiny.
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