The evidentiary value of interrogation notes and the commercial quantity of contraband under the NDPS Act were central to the court's decision.

JUDGMENT

Dr.Pushpendra Singh Bhati, J. - These criminal misc. bail applications under Section 439 Cr.P.C. seeking release of the petitioners herein on bail.

2. The petitioners have been arrested in connection with FIR No.369/2020 registered at Police Station Nimbahera Sadar, District Chittorgarh for the offences under Sections 8/15, 8/25 & 8/29 of the NDPS Act, 1985.

3. The first bail application preferred on behalf of the present petitioner-Siraj Giri & Hitesh Giri, bearing S.B. Criminal Miscellaneous Bail Application No. 2406/2021 & 2405/2021, respectively, were dismissed as not pressed, at that stage, by this Court vide order dated 22.04.2021.

3.1 The second bail application preferred on behalf of petitioner-Hitesh Giri, bearing S.B. Criminal Miscellaneous Bail Application No. 7462/2021 was dismissed as not pressed by this Court vide order dated 04.09.2021, with liberty to approach this Court after recording of the statement of the Seizure Officer, before the learned Court below.

4. Learned counsel for the petitioner submitted that the statement of the concerned Seizure Officer, namely, Anil Saran (PW-3) has been recorded before the learned Court below; in his statement, he has not supported the version of the prosecution.

4.1 Learned counsel further submitted that in light of the same, fresh bail applications were moved on behalf of the present petitioners before the learned Court below, both of which came to be dismissed vide the impugned orders dated 07.07.2022; hence, the present bail applications have been preferred on behalf of the petitioners.

5. Learned counsel for the petitioners also submitted that there is no material available on record to connect the present petitioners with the alleged crime in question.

6. Learned counsel for the petitioners further submitted that the similarly situated co-accused, namely, Anil Puri has already been enlarged on bail by a coordinate Bench of this Hon’ble Court vide order dated 07.06.2021 passed in S.B. Criminal Misc. Bail Application No.7463/2021; the said order reads as under:

"’The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.369/2020, Police Station Sadar Nimbahera, District Chittorgarh, for the offences under Sections 457 and 380 IPC. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the challan papers.

The officer in charge of P.S. Sadar, Nimbahera conducted Nakabandi on 4.11.2020 and stopped a Bolero Vehicle No.MP04.CK.2835 in which, two persons namely Soorajgiri and Hiteshgiri were present. It is stated that when the search was undertaken, 148 Kgs. of contraband poppy straw was recovered from therein. Both these accused persons were arrested. As per the material available on record, when the accused from whose possession, the contraband was recovered i.e. Hiteshgiri and Soorajgiri were interrogated under Section 27 of the Evidence Act on 08.11.2020, they did not name the petitioner as the supplier of the contraband. However, when they were again interrogated on 10.11.2020, they divulged that the poppy straw in question had been procured from the petitioner.

A perusal of the challan papers and the conclusion drawn in the charge-sheet indicates that neither any mobile phone was recovered from the petitioner nor any call details pertaining to the petitioner, have been collected by the Investigating Officer during investigation. Thus, the only evidence as against the petitioner remains in the form of the interrogation notes of the co-accused recorded by the Police Officer during investigation. The evidentiary value of such interrogation notes is questionable. As per the order rejecting bail, two previous cases are registered against the petitioner but neither involve the offence under the NDPS Act.

In this background and having regard to the facts and circumstances as available on record, I am of the view that the conditions of Section 37 of the NDPS Act are satisf