The central legal point established in the judgment is the need for prima facie satisfaction of the Court in support of the charge, the inadmissibility of a confession made by a co-accused, and the limitations of using a statement to implicate the accused under the ND&PS Act.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of an offence punishable under Section 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ND&PS Act), registered vide FIR No. 55/2023, dated 4.4.2023 in Police Station Kangra, District Kangra, H.P. with the allegations that Police had arrested Ajay Kumar and Ravi Kumar with 1.530 kilograms of charas. They disclosed that they had purchased the charas from the petitioner. They also identified the house of the petitioner. The petitioner is innocent and he has been falsely implicated. No recovery was effected from the petitioner. The petitioner is a shepherd and he was with the herd at the time of the arrest of the main accused. The petitioner does not have any mobile and the mobile phone remains with the daughter of the petitioner. The call detail record is not sufficient to connect the petitioner with the commission of the crime. The petitioner is the only breadwinner of the family. He would join the investigation as and when directed to do so. He shall not tamper with the prosecution evidence and will not influence the witnesses. He would abide by the terms and conditions which may be imposed by the Court. Hence the petition.

2. A status report was filed by the State asserting that the Police apprehended Ajay Kumar and Ravi Kumar on 3.4.2023 with a backpack containing 1.530 kilograms of charas. The Police arrested them and seized the charas. They were interrogated. Ajay Kumar revealed that on 2.4.2023 he had purchased 1.5 kilograms of charas from Sohan Singh, the present petitioner. Ajay Kumar and Ravi Kumar led the Police partly to Village Nog where Ajay Kumar identified the house of present petitioner. The Police searched for the petitioner and arrested him on 25.6.2023. The call detail records were obtained and it was found that the petitioner and Ravi Kumar had talked to each other eight times on 2.4.2023 and once on 3.4.2023. Earlier they did not talk to each other. The supplementary challan has been prepared and presented before the Court which is listed for consideration of charge.

3. I have heard Mr. Chaman Singh, learned Counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General for the respondent State.

4. Mr. Chaman Singh, learned Counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated. The evidence collected by the prosecution against the petitioner is the disclosure statement, pointing out the house and the call detail records. These are insufficient to connect the petitioner with the commission of crime. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr. Prashant Sen, learned Deputy Advocate General submitted that the petitioner was involved in the commission of a heinous offence. The quantity of the charas is commercial and the rigours of Section 37 of the ND&PS Act would apply to the present case. Therefore, he prayed that the present petition be dismissed.

6. I have given considerable thought to the rival submissions at the bar and have gone through the record carefully.

7. The Hon’ble Supreme Court discussed the parameters for granting the bail in Bhagwan Singh v. Dilip Kumar, 2023 SCC OnLine SC 1059 as under:-

12. The grant of bail is a discretionary relief which necessarily means that such discretion would have to be exercised in a judicious manner and not as a matter of course. The grant of bail is dependent upon contextual facts of the matter being dealt with by the Court and may vary from case to case. There cannot be any exhaustive parameters set out for considering the application for a grant of bail. However, it can be noted that;

(a) While granting bail the court has to keep in mind factors such as the nature of accusations, severity of the punishment, if the accusations entail a conviction and the nature of e