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 conditions of non-guilt and no likelihood of reoffending.

Virender Singh, Judge

Applicant–Bittu Ram, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the 'BNSS'), seeking the relief of bail, during the pendency of the trial, arising out of FIR No.28/2025, dated 30th January, 2025, registered with Police Station, Nurpur, District Kangra, H.P., under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).

2. According to the applicant, the case of the police is highly improbable and is highly suspicious, having no truth in it. According to the applicant, the grounds of detention were not communicated to him.

3. It is the further case of the applicant that he has no role in the commission of the alleged crime, as, he neither was instrumental behind the arrangement and transportation of contraband, nor had ever any communication pertaining to sale and purchase.

4. According to the applicant, the case is now listed for consideration on charge and there is no possibility of conclusion of trial in near future.

5. All these facts have been highlighted to show that the custodial interrogation of the applicant is no longer required by the Police, in this case.

6. It is the further case of the applicant that he is a poor person and sole bread earner for his family.

7. The applicant has also tried his luck by moving similar application before the Court of learned Special Judge-III, Kangra at Dharamshala, District Kangra, which was dismissed on 28.03.2025.

8. Apart from this, the learned counsel appearing on behalf of 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.

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

10. When put to notice, police has filed the status report, disclosing therein, that on 30.01.2025, ASI Satender Singh, CIA, Police District Nurpur, along with other police officials, was on patrolling duty and duty to detect the crime relating to excise and narcotics, towards Rehan, Raja-ka-Talab, Ganoh, etc..

10.1. At about 04.10 p.m., when, the police party was present in front of Himachal Bakery near Matholi Police Line, and was talking with two local persons, namely Gopal Singh and Deep Singh, at that time, he noticed two persons coming from Jasoor side and were moving towards Talwara side on foot. One was having blue coloured plastic sack. He was moving in fast speed and other person, who had worn black neck was also having a plastic sack. One person had covered his mouth with red colour scarf.

10.2. The I.O. inquired from Gopal Singh and Deep Singh, about those persons, upon which, both of them said that they do not know them. Both persons were found to be outsiders. The I.O., called the person, who was having the blue coloured sack, in his hand, however, he has not given any heed to the command of the I.O. As such, both the said persons were nabbed and I.O. apprised them about the identification.

10.3. On seeing the identity card, both of them became perplexed, as such, the I.O. developed a suspicion in his mind that both the said persons were having stolen or suspicious articles. As such, their antecedents were ascertained. They disclosed their names as Jagdish and Tega, residents of Chamba.

10.4. Thereafter, the sack, which they were carrying were checked. On checking, the same were