Admissibility of information given by an accused in police custody and sufficiency of evidence to grant bail under the NDPS Act

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

2. The petitioner has been arrested in FIR No. 136/2019 of Police Station Sangaria, District Hanumangarh for the offences punishable under Sections 8/15 and 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that as per the prosecution story, the police have arrested co-accused Rajesh Kumar @ Raju while he was in possession of 98 kgs. of poppy straw. After his arrest, co-accused Rajesh Kumar @ Raju gave an information that he has procured the said narcotic contraband from the petitioner. It is submitted that from the perusal of the charge-sheet, it is clear that except the information given by co-accused Rajesh Kumar while in police custody, no other evidence is available on record against the petitioner to connect him with the commission of crime. It is argued that it is well settled that an information given by an accused person while in police custody is not admissible in evidence. Learned counsel for the petitioner has invited my attention towards the statements of Investigating Officer (PW-2 Sumer Singh) and it is urged that even the Investigating Officer in his court statements has also specifically admitted that except the information given by co-accused Rajesh Kumar while in police custody, no other evidence is available on record against the petitioner to connect with commission of crime.

4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and carefully scrutinized the charge-sheet as well as the statements of the Investigating Officer PW-2 Sumer Singh, wherein he has specifically admitted that except the information given by co-accused Rajesh Kumar, no other evidence has been collected by him to connect the petitioner with commission of crime, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Surendra @ Chhinda S/o Het Ram shall be released on bail in connection with FIR No. 136/2019 of Police Station Sangaria, District Hanumangarh provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.