Financial transactions and call records alone are insufficient to justify denial of bail under the NDPS Act when no substantial evidence connects the accused to the crime.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 47 of 2025, dated 03.05.2025, registered for the commission of offences punishable under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’) at Police Station Jawali, District Kangra, H.P.

2. It has been asserted that, as per the prosecution, the police party had set up a Nakka on 03.05.2025 near 32 Mile. Gagan Singh and Shubham came to the spot from a Dhaba. In the meantime, a vehicle bearing registration HP-38J-1001 came from Kangra. The police signalled the driver of the vehicle to stop it. The occupants of the vehicle got frightened after seeing the police, and the driver reversed the vehicle. The police stopped the vehicle and enquired about the names and addresses of the occupants of the vehicle. The driver identified himself as Gurpreet Singh, and the person sitting beside the driver identified himself as Rohit. The police searched the vehicle and recovered 1.122 kilograms of charas. Rohit and Gurpreet Singh made a disclosure statements that accused Paras Asked them to get the charas. The police checked the bank account and found that Rohit had transferred Rs.88,000/- to the present petitioner. The petitioner was also found in touch with the other co-accused. The petitioner is innocent. He was arrested based on the bank transaction and the telephonic conversation, which is not sufficient to connect him to the commission of crime. Co-accused Paras was released on bail, and the petitioner is entitled to bail on the principle of parity. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the police had set up a nakka at 32 miles on 03.05.2025 at 3.40 A.M. Gagan Singh and Shubham came towards the police and started talking to them. A vehicle bearing registration No. HP-38J-1001 came from Kangra. The police signalled the driver to stop, however, the driver tried to reverse the vehicle. The police became suspicious and stopped the vehicle. The driver identified himself as Gurpreet Singh (petitioner), and the person sitting beside him identified himself as Rohit. The police checked the vehicle and recovered a carry bag containing 1 Kg 122 grams of charas. The police seized the charas and arrested the occupants of the vehicle. The charas was sent to SFSL, Junga and as per the report, it was confirmed to be an extract of cannabis. Rohit made a statement under Section 67 of the NDPS Act that the Paras had directed him and Gurpreet Singh to bring charas. Rohit and Gurpreet Singh also identified the place where the charas was delivered to them. They pointed out the house of Paras, where he was present, and the police arrested him. The police checked the bank details of Rohit and found that he had transferred Rs.88,000/- to the petitioner. The police arrested the petitioner on 19.10.2025. The police filed the charge-sheet before the learned Special Judge, Kangra at Dharamshala, H.P., on 27.10.2025. No other F.I.R. has been registered against the petitioner. The matter is listed for the fixation of prosecution evidence on 08.04.2026. The petitioner would intimidate the witnesses and indulge in the commission of similar offences if released on bail; hence, the status report.

4. I have heard Mr Vijender Katoch, learned counsel for the petitioner and Mr Lokender Kutlehria, learned Additional Advocate General, for the respondent/State.

5. Mr Vijender Kotoch, learned counsel for the petitioner, submitted th