The court established that statements made by co-accused are inadmissible as evidence and cannot justify detention, leading to the granting of bail.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 55 of 2024, dated 12.05.2024 for the commission of offences punishable under Sections 20, 21 , 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) registered in the Police Station Sarkaghat, District Mandi, H.P. The petitioner was falsely implicated based on the statement made by co-accused. He is a respectable person in the society and he is not involved in any other criminal case. The investigation is complete and the charge sheet has been filed before the Court. No fruitful purpose would be served by detaining the petitioner in judicial custody. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence, the present petition.

2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 12.05.2024 when the police received a secret information that accused Kishan Singh was selling charas from his house, and in case of search, the police could recover a huge quantity of charas. The police reduced the information into writing and sent it to the SDPO, Sarkaghat. The police associated Partap Singh and Vandana Devi as independent witnesses and searched the house of Kishan Singh after completing the codal formalities. No charas was recovered from the house of Kishan Singh. The police searched the car of Kishan Singh and found 1.934 kgs of Charas. Police seized the charas and arrested Kishan Singh. He revealed on inquiry that he had purchased the charas from the present petitioner Ravinder Singh for Rs.1,60,000/-. The police also checked the call detail records and found that the petitioner was in regular touch with Kishan Singh. Kishan Singh identified the petitioner and police arrested the petitioner. The charas was sent to SFSL, Junga for analysis and it was confirmed to be charas. A charge sheet was prepared and presented before the learned Trial Court. The matter is now listed for consideration of charge on 19.03.2025. The petitioner had sold 1.934 Kgs of Charas. to Kishan Singh. He had also sold charas on earlier occasions. He can intimidate the witnesses and abscond in case of his release on bail. Hence, the status report.

3. I have heard Mr. Vikrant Chandel, learned counsel for the petitioner and Mr. Ajeet Sharma, learned Deputy Advocate General for the respondent/State.

4. Mr. Vikrant Chandel, learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated based on the statement made by the co- accused, such statement is inadmissible in evidence and cannot be used to detain the petitioner in judicial custody. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr. Ajeet Sharma, learned Deputy Advocate General for the respondent/State submitted that the co-accused was found in possession of 1.934 kgs of charas, which is a commercial quantity. Rigours of Section 37 of the NDPS Act apply to the present case and the petitioner has not satisfied the twin conditions laid down in Section 37 of the NDPS Act, therefore, he prayed that the present petition be dismissed.

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

7. The parameters for granting bail were considered by the Hon’ble Supreme Court in Ajwar v. Waseem (2024) 10 SCC 768: 2024 SCC OnLine SC 974, wherein it was observed as under page 783: -

“Relevant parameters for granting bail

26. While considering as to whether bail ought to be granted in a matter involving a serious criminal offence, the Court must consider relevant factors like the nature of the accusations made against the accused, the manner in which the crime is alleged to have been committed, the gravity of the offence, the role attributed to the accused, the criminal antecedents