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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Sarfraz – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. bail plea: innocence, completed probe, societal roots, parity. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. commercial quantity heroin recovery and supply chain. (Para 10) |
| 3. co-accused confessions inadmissible; cdrs value at trial. (Para 11 , 12 , 14 , 15 , 16 , 17 , 18) |
| 4. s.37 twin conditions prima facie satisfied. (Para 19 , 20 , 21) |
| 5. bail granted with conditions; recall liberty. (Para 22 , 23 , 24 , 25 , 27 , 28) |
JUDGMENT :
Virender Singh, J.
Applicant Sarfraz 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. 38 of 2025, dated 22.2.2025, registered under Sections 21, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Puruwala, District Sirmour, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, at the instance of the complainant and has nothing to do with the contraband, allegedly recovered, in the present case.
3. It is the further case of the applic
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The court ruled that involvement of an accused must be substantiated by adequate evidence, and statements by co-accused cannot solely establish guilt under the NDPS Act.
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In NDPS commercial quantity cases, bail granted where accused involvement relies solely on co-accused's custodial disclosure statement, inadmissible under evidence law, satisfying Section 37 twin con....
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....
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