Insufficient evidence to connect petitioners to drug trafficking; financial transactions and co-accused statements inadmissible as evidence.

JUDGMENT :

Rakesh Kainthla, J.

1. All the petitions have been filed for seeking regular bail in the same FIR; hence, these are being taken up together for disposal by way of a common judgment.

2. The petitioners have filed the present petitions seeking regular bail in FIR No. 107 of 2024, dated 14.8.2024, registered for the commission of offences punishable under Sections 21, 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Section 111(2) of Bharatiya NayayaSanhita, (BNS), at Police Station, Sadar, Shimla, H.P. It has been asserted that the petitioners have been arrested based on the disclosure statements made by the co-accused, financial transaction with Sandeep Shah and call detail records. No recovery was made from the petitioners. The quantity of heroin stated to have been recovered in the present case is 6.038 grams, which is an intermediate quantity, and the rigours of Section 37 of the ND&PS Act do not apply to the present case. The petitioners are in custody, and no recovery is to be effected from them. The investigation is complete, and no fruitful purpose would be served by detaining the petitioners in custody. The petitioners would abide by the terms and conditions which the Court may impose. Hence, the petitions.

3. The petitions are opposed by filing status reports asserting that the police party was on patrolling duty on 13^th August 2024. A secret information was received on 14^th August 2024 at about 12:05 am that two persons staying in Room No. 101 of Hotel Himachal had a huge quantity of narcotics. The police reduced the information to writing and sent it to the Supervisory Officer. The police went to room number 101 with two independent persons. Suraj and Rohit Pandey were found in the room. The police searched the room and recovered one polythene packet containing 6.380 grams of heroin and a digital weighing machine. The police seized the heroin and the Digital weighing machine. The police arrested the occupants of the room. Suraj and Rohit Pandey disclosed during the investigation that the heroin was made available to them by Sandeep Shah. Sandeep Shah used to send the location and direct them to keep the heroin in those locations. They would drop the heroin and send the location to Sandeep Shah via WhatsApp. The police checked the call detail records and the bank account statements. The police found that Jitender Verma, Jugal Kishore and Aastik Chauhan were in contact with Rohit Pandey and Suraj. They had transferred a huge amount to Sandeep Shah’s bank account. Police arrested Jitender Verma, Jugal Kishore, Aastik Chauhan, Sandeep Shah and Neeraj Kashyap. The police found during the investigation that Sandeep Shah was dealing in narcotics. FIR number 108/2022 and FIR number 190/21 were registered against him. Many persons, including the present petitioners, had transferred the money to the accounts of Sandeep Shah, Arpita Shah, and Neeraj Kashyap. The petitioners are members of an organised crime syndicate which is involved in drug trafficking.Bandita Bali, wife of the petitioner, Mukul Chauhan, had transferred Rs.28,500/- to the account of Sandeep Shah. Neelam Chauhan, mother of the petitioner Mukul Chauhan, had transferred Rs.3,000/- to the account of Sandeep Shah and Rs.6,000/- to the account of Neeraj Kashyap. Petitioner Rajat Kreik had transferred Rs.55,000/- to Kotak Mahindra Bank account of Sandeep Shah, Rs.19,000/- to Utkarsh Small Finance Bank of Sandeep Shah, Rs. 12,000/- to the Union Bank Account of Neeraj Kashyap, Rs.14,000/- to SBI Account of Neeraj Kashyap and Rs.9,000/- to Ajay Goswami. Petitioner Sandeep Dhiman had transferred Rs.41,200/- to the account of Sandeep Shah. Petitioner-Akshit Verma had transferred Rs. 4,950/- to the account of Neeraj Kashyap, and his friend Sakshi had transferred Rs.63,600/- to the Kotak Mahindra Bank account of Sandeep Shah, Rs.10,600/- to the Union Bank of India account of Neeraj Kashyap and Rs.17,000/- to the account of Neeraj Kashyap i