Co-accused's police custody disclosures inadmissible against applicant in NDPS cases; mere call detail records between co-villagers insufficient to deny bail; parity with released co-accused entitles grant of bail during trial pendency.

JUDGMENT :

Virender Singh, J.

Applicant has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 127 of 2025, dated 19.6.2025, registered under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Nurpur, District Kangra, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the above noted case, and has no concern whatsoever with the offence, for which, he has been arrested by the Police.

3. According to the applicant, no recovery has been effected from him. It is further pleaded by him that except the present case, no other case has been registered against him.

4. According to the further case of the applicant, investigation of the present case is complete.

5. The applicant has tried his luck by moving similar application, before the learned Special Judge- Dharamshala, District Kangra, H.P., however, the same was dismissed on 3.9.2025.

6. Learned counsel for the applicant has prayed for the relief of bail on the ground of parity, as the co- accused Harsh, Akshit and Dushyant have been released on bail, on 19.7.2025/21.7.2025.

7. On the basis of above facts, the applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail.

8. When, put to notice, the Police has filed the status report, disclosing therein, that on 19.6.2025, HC Dinesh Singh No. 46, alongwith other police officials, was on patrolling duty and on duty to put picketing, as well as, to detect the crimes relating to excise and narcotics. The Police party left the Police Line, Nurpur at 2 a.m. Thereafter, they had conducted patrolling in Jassur-Chhatroli-Nagabadi and when, they had put picketing and started checking the vehicles moving from Jassur to Pathankot, they noticed that two local persons were coming from Kandwal Barrier. On inquiry, they disclosed their names as Sucha Singh, S/o Chidu Ram, R/o Ward No. 2, Village and P.O.Kandwal, Tehsil Nurpur, District Kangra, H.P. and Dilsher Singh, S/o Late Sh. Nasib Singh, R/o Village & P.O. Kandwal, Tehsil Nurpur, District Kangra, H.P.

8.1 As per the stand of the Police, at about, 5:45 a.m., a grey coloured vehicle was noticed moving from Jassur to Pathankot side, which was signaled to stop by Constable Ashok Kumar No. 299. Consequently, the driver of the vehicle stopped the car. The registration number of the vehicle was found to be DL 10 CD 9222. Three persons were found sitting in the said vehicle. After disclosing his identity, HC Dinesh directed the driver to produce relevant documents, upon which, the driver became perplexed and could not give satisfactory answer. His activities raised suspicion in the mind of HC Dinesh. As such, he called Sucha Singh and Dilsher Singh and associated them as independent witnesses. In the presence of these witnesses, all the occupants were directed to alighten down from the vehicle and their names and addresses were inquired.

8.2 On inquiry, the occupants of the car disclosed their names as Harsh Dogra, S/o Naresh Dogra, Akshit Ranchal, S/o Harish Ranchal and Dushyant, S/o Ashwani Kumar. All the aforesaid persons could not give any satisfactory answers. The vehicle was searched.

8.3 On searching the vehicle,