In NDPS commercial quantity cases, co-accused confessional statements (inadmissible under Evidence Act Section 25 & CrPC 162) and financial transactions alone insufficient to deny bail under Section 37; mere prior association inadequate post-investigation.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The petitioner has filed the present petition for seeking regular bail in FIR No. 204 of 2025, dated 22.09.2025, registered at Police Station Sunder Nagar, District Mandi, H.P., for the commission of offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2. It has been asserted that, as per the prosecution, the police had set up a naka at Pungh Fourlane, Sundernagar on 22.09.2025. They intercepted a car bearing registration No. UP-16AX-2143. Five people were travelling in the car, who got frightened after seeing the police. The driver prevaricated in the production of the documents. The police became suspicious and checked the car in the presence of Kuldeep Kumar and Mukesh Kumar. They recovered a carry bag containing 1Kg, 174grams of charas. The occupants identified themselves as Divyanash Patel, Nakul Mittal, Arnav Chauhan, Saksham Bharti and Rohit Kumar. The police arrested the occupants and seized the car and charas. The petitioner’s name was not mentioned in the FIR, and he was named by the occupants of the car. There is no evidence against the petitioner. He was apprehended because he was studying in the same university as the occupants, and he had sent Rs.9200/- on 20.09.2025 and Rs.5000/- on 21.09.2025 to the account of co-accused Saksham Bharti. The police have completed the investigation, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by all the terms and conditions that the Court may impose. Hence, it was 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 party had set up a nakka at Pungh four-lane and were checking the vehicles on 22.09.2025. They intercepted a vehicle bearing registration No. UP-16AX-2143. The driver and occupants of the vehicle got frightened after seeing the police. The police associated Kuldeep Kumar and Mukesh Kumar as independent witnesses. The police inquired about the names of the occupants of the vehicle. The driver identified himself as Devayas Patel, the person sitting beside him identified himself as Nakul Mittal, and the persons sitting on the rear seat identified themselves as Arnav Chauhan, Saksham Bharti and Rohit Kumar. The police searched the vehicle and recovered a carry bag containing 1174 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 of analysis, it was confirmed to be a sample of charas. The occupants revealed during interrogation that they had handed over Rs.5000/- each to Kashin Kashyap, who had also accompanied the co-accused on his motorcycle. They identified the room where they had stayed in Kullu. The bank details of Kashin showed that an amount of Rs.50,000/- was transferred from his mother’s account. Kashin led the police to a bridge constructed on Naulgari Nala at Lag valley. The bank account details of Rewat Ram also showed the receipt of Rs.50,000/-. The police arrested Rewat Ram, who confirmed that he had sold the charas at a place mentioned by Kashin. Rewat Ram also disclosed that he had sold charas to four boys for Rs.50,000/-. The bank detail records of the occupants were also checked. It was found during the investigation that Divyansh Patel, Nakul Mit