Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1131

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Sarfraz - Applicant
Versus
State of H.P. - Respondent
Cr. MP(M) No. 2306 of 2025
Decided On : 26-09-2025

Advocate Appeared:
For the Applicant :Mr. Deepak Kaushal, Senior Advocate, assisted by Mr. Aditya Chouhan, Mr. Abhishek Verma, Advocates.
For the Respondent:Mr. Tejasvi Sharma, Addl. A.G. with Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Krishan Bhandari, Police Station, Puruwala, District Sirmaur, H.P

In commercial quantity NDPS cases, co-accused confessional statements to police inadmissible; CDRs' evidentiary value for trial; bail granted where prima facie not guilty based on weak links, parity, completed investigation, societal roots.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Sections 21, 27-A, 29 and 37 - Bharatiya Nagarik Suraksha Sanhita - Section 483 - Bail application during trial pendency in commercial quantity case - Role of applicant alleged solely on disclosures by co-accused made while in police custody - Such confessional statements inadmissible for conviction as officers under NDPS Act are police officers per law - Evidentiary value of call detail records determined at trial stage - No financial transactions found in bank accounts - Investigation complete with charge-sheet filed, no further recovery required - Applicant has deep roots in society, no flight risk - Parity with co-accused granted bail - Twin conditions satisfied prima facie as not guilty of offence and unlikely to reoffend - Bail allowed with conditions including regular attendance, no tampering, no threats, no leaving country, monthly affidavits. (Paras 11-22)

(B) Evidence Act - Section 27 - ‘Custody’ interpreted broadly - Includes police surveillance or restriction on movements prior to formal arrest, distinguishing from formal arrest. (Paras 13-15)

Facts of the case:
Secret information led to interception of motorcycle; commercial quantity recovered from bag. Investigation traced supply chain through intermediaries to applicant as supplier who purchased and sold contraband for specified amount in presence of cousin co-accused. Multiple arrests, positive FSL report, charge-sheet filed, trial pending before Special Judge.

Findings of Court:
Applicant ordered released on bail on personal bond of Rs. 1,00,000/- with two sureties of like amount, subject to specified conditions; jail authorities directed to facilitate release and report compliance.

Issues: Whether rigors of Section 37 satisfied for bail in commercial quantity case; admissibility of co-accused disclosures and evidentiary worth of call detail records at bail stage.

Ratio Decidendi: Court ruled co-accused statements in police custody inadmissible; call detail records provide metadata not substance, value for trial; short revelation insufficient to connect applicant; no custodial interrogation needed; parity and societal roots support bail; conditions mitigate reoffending risk.

Result: Bail application allowed.

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 applicant that Police could not collect any evidence to connect him with the crime in question.

4. According to the applicant, investigation, in the present case, is complete and nothing is to be recovered, from his possession. All these facts have been pleaded to show that custodial interrogation of the applicant is no longer required by the Police.

5. The applicant has further pleaded that he is having deep roots in the society and there is no chance of his fleeing away from justice.

6. The applicant has earlier approached this Court by moving Cr.M.P. (M) No. 1122 of 2025, titled as, ‘Sarfraz versus State of H.P.’, however, the same was dismissed as withdrawn, on 22.5.2025.

7. On the basis of above facts, the applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during pendency of the trial.

8. On the basis of above facts, Mr. Deepak Kaushal, learned Senior Counsel, assisted by Mr. Aditya Chouhan, Advocate, for the applicant has prayed that, on the ground of parity, the relief as claimed in the application, be granted to the applicant, as his co-accused Parvez has already been released on bail by this Court, on 12.9.2025, in Cr. M.P.(M) No. 1978 of 2025.

9. On these submissions, a prayer has been made to allow the bail application.

10. When put to notice, the police has filed the status report, disclosing therein, that on 22.5.2025, Constable Dinesh Kumar, No. 342, submitted ruqua, which was sent by HC Rakesh Kumar No. 224 I.O., SIU, Nahan, for registration of the FIR, mentioning therein that on 22.2.2025 I.O., alongwith other police officials, in Govt. vehicle bearing registration No. HP 18A-6236, was on patrolling duty and on duty to detect the crime, relating to excise and narcotics. They had proceeded towards Kolar, Majra, Paonta Sahib, Puruwala, Killod side. At about 10:20 a.m., when, I.O., alongwith police team, was present at Bhuddi road bifurcation Mehruwala, then, he received a secret information that a young man, namely, Soib Khan @ Aazam and Sakib Shah, R/o Jeewangarh, Vikasnagar, are doing business of selling narcotic substance chitta/heroin and they had brought consignment of heroin from Bareilly, Uttar Pradesh and both of them are going on Motorcycle bearing registration No. UK 16C-2210, alongwith consignment of heroin from Dakpathhar to Mehruwala, towards Paonta Sahib.

10.1 As per the information, Soib Khan @ Azam was wearing a white coloured sweater and light blue coloured jeans, whereas, Sakib Shah was wearing a white and black coloured jacket and blue coloured jeans. As per the information, in case, the said persons, alongwith the motorcycle, are nabbed, then, a large quantity of chitta/heroin, could be recovered.

10.2 According to the I.O.