Bail applications hinge on evidence admissibility and urgency of trial; mere reliance on co-accused’s confessions is insufficient for detention.

JUDGMENT

Talwant Singh, J. This is a petition for grant of regular bail filed by the petitioner Kayoom in case FIR No. 18/2018 under Sections 21/29 of Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS Act). The petitioner has submitted that case of the prosecution is that on 13.02.2018, at about 12.05 p.m., the information was received that Virender Pal Singh and Ram Nath had brought Heroin from West Bengal and they were coming to supply the same to one Ansar at Sector-24, Rohini. The raiding party was formed and Virender Pal Singh and Ram Nath were arrested with 4 kg. of Heroin and the above-mentioned FIR was recorded.

1.1. In the disclosure statement of Virender Pal Singh and Ram Nath, many persons were named including one Parvej, who was arrested on 17.02.2018 and 1 kg. of Heroin was recovered from his possession. In the disclosure statement of one Parvej, again many persons were named including Aneesh and the present petitioner. Aneesh was arrested on 14.06.2019 and his disclosure statement was recorded in custody. On completion of investigation, charge-sheet was filed in August, 2018 and thereafter a supplementary charge-sheet was filed in July, 2019.

1.2. The present petitioner was arrested on 29.09.2020 and his disclosure statement was recorded by the Special Cell while in custody, in the Court premises, on which the petitioner refused to sign. After completion of investigation against the petitioner a supplementary charge-sheet was filed.

1.3. The petitioner has submitted that he is a law-abiding citizen of India, he is having deep roots in the society and he belongs to a respectable family and he has his own business of raw coal and woods etc. In March, 2021, the petitioner preferred Bail Application no. 784/2021 before this court and in June 2021, he moved a regular bail application before learned Trial Court. The bail application filed before the Trial Court was dismissed on 24.06.2021 and on 20.07.2021, the bail application No. 784/2021 filed by the present petitioner was dismissed as withdrawn with liberty to file a fresh petition at an appropriate stage.

1.4. On merits, it has been submitted that the petitioner only used to talk to people only in relation to his work/business and he has no concern with transportation/supply of any contraband/drug. The petitioner has been implicated solely on the basis of disclosure statement of co-accused, i.e., Parvej, which was recorded when the said co-accused was in police custody and same is inadmissible under Section 25 and 26 of the Evidence Act. There is no material or any independent evidence on record to show that petitioner was involved in the present case and the particulars of the present petitioner given in the charge-sheet and the supplementary charge-sheet are not correct.

1.5. Bail has been prayed on the ground of parity as the other co-accused namely Virender Pal Singh, Ramnath, Aneesh, Ashfaz and Parvej are already on regular bail. The reasonable grounds exist for believing that the petitioner is not guilty, as contemplated under Section 37 NDPS Act. Speedy trial is the essence of criminal justice and delay in trial by itself constitutes denial of justice. In the present case, the trial has been considerably delayed and there is no possibility of commencement and conclusion of trial within a reasonable period. The bail application of the present petitioner was dismissed by the learned trial Court without appreciating the law and indisputable facts and circumstances. The accused is not required for any investigation or further investigation by the investigating agency; the applicant is of young age and he earns his livelihood by running his business of raw coal and woods of bhattha. There is no apprehension that the petition