Bail granted in NDPS commercial quantity case where applicant linked solely by co-accused's inadmissible disclosure statement under CrPC s.162 and Evidence Act s.25; CDRs' evidentiary value deferred to trial.

JUDGMENT :

Virender Singh, J.

Applicant-­Kulwant Singh, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of the trial, arising out of FIR No.104 of 2020, dated 07.11.2020, registered under Sections 15 and 25 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Banjar, District Kullu, H.P.

2. According the applicant, he is innocent and has falsely been implicated, in the present case. The applicant has been arrested, in this case, on 26.03.2025 and from that date, he is behind the bars.

3. As per the applicant, main accused Kulvinder Singh has been released on bail.

4. It is the further case of the applicant, he has no concern with the crime, in question and his custodial interrogation is no longer required by the police.

5. The applicant has also tried his luck, by moving similar application, before the learned Special Judge, Kullu, District Kullu, H.P. However, the said application has been dismissed, vide order, dated 29.05.2025.

6. Apart from this, Mr. Maan Singh, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.

7 On the basis of the above facts, a prayer has been made to allow the application.

8. When put to notice, the police has filed the status report, disclosing therein, that on 07.11.2020, the I.O., along with other police officials, was on patrolling duty and was present at Chyunthapul.

8.1. At about 04.45, a.m., they noticed a car, being driven by its driver, coming from Banjar side. The said car, when reached near the place, where picketing had been done, driver of the said car, on seeing the police, became perplex and tried to flee away from the spot, after reversing the car. In that process, the car struck against the hillside. His activities raised suspicion in the mind of the I.O., and when the I.O., along with other police officials, reached near the Car, the driver and his companion, fled away.

8.2. The driver of the car was nabbed by the I.O, with the help of other police officials, however, the person, who was sitting in the front seat of the car, fled away from the spot. Registration of the said car was CH01AR­9249. Efforts to nab the person were made, but, he could not be nabbed. No independent witness was present there, nor, any vehicle came there.

8.3. Thereafter, constable Vijay Kumar No. 372 and HHC Shyam Dass No.312, were associated as independent witnesses. Thereafter, the antecedents of the driver were inquired. He disclosed his name as Kulwinder Singh son of Shri Harmesh Singh, resident of Ahmadgarh, Mandi Ludhiana (Punjab). Antecedents of the person, who had fled away from the spot, were also inquired from him. He disclosed his name as Kulwant Singh, resident of Ludhiana (applicant).

8.4. On checking the car, ten sacks containing poppy straw were found. On weighment, the total poppy straw (Afeemdoda) was found to be 90.529 kilograms.

9. Consequently, the said contraband was taken into possession and rukka was sent to the Police Station for registration of the FIR. Accused was arrested.

10. During investigation, accused Kulwinder Singh has disclosed that a sum of Rs.10,000/­ was