Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1217

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Samina @ Sameena @ Gulfasa – Appellant
Versus
State of H.P. – Respondent
Cr. MP(M) No. 2227 of 2025
Decided on : 23-09-2025

Advocates Appeared:
For the Appellant :Mr. Panku Chaudhary, Advocate.
For the Respondent:Mr. Mohinder Zharaick, Addl., A.G. with Mr.Rohit Sharma, Dy. Advocate General, assisted by ASI Krishan Bhandari, Police Station, Puruwala, District Sirmour, H.P.

In NDPS commercial quantity bail, confessional statements to police inadmissible; CDRs' evidentiary value at trial. Absence of financial links, reliance on shelter allegation insufficient for prima facie guilt under Section 37 twin conditions. Bail granted with parity.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, Sections 21, 27-A, 29 and 37 - Bharatiya Nagarik Suraksha Sanhita, Section 483 - Bail application in commercial quantity case - Twin conditions under Section 37(b)(ii) require prima facie satisfaction that applicant not guilty of offence and unlikely to commit any offence while on bail - Confessional statements/disclosures by accused/co-accused during police custody inadmissible to connect applicant with crime - Evidentiary value of call detail records (CDRs) to be determined during trial, as they provide metadata not substance of conversations - No financial transactions found in bank accounts - Applicant provided shelter to suppliers at instance of relative for nominal payment - Mere shelter insufficient to establish complicity at bail stage - Presumption of innocence not diluted by registration of other cases without convictions - Bail not to be denied as punishment - Bail granted on parity with co-accused and satisfaction of twin conditions, subject to conditions. (Paras 10-22)

(B) Evidence Act, Section 25 and 27 - NDPS Act, Section 67 - Statements to police officers (including under NDPS powers) barred as confessional; police custody not limited to formal arrest but includes detention/surveillance - Distinction upheld in precedents. (Paras 12-15)

Facts of the case:
Secret information led to interception of motorcycle; 323 grams of granule substance (chitta/heroin) recovered from bag of rider. Investigation revealed chain of suppliers; applicant (relative of rider) arrested for allegedly sheltering two suppliers at her house for Rs.5000/- paid by rider, at his instance. Applicant claims innocence, no direct link to contraband, investigation complete. CDRs show contacts among accused; no financial trails. Trial pending post charge-sheet.

Findings of Court:
Applicant entitled to bail on furnishing personal bond of Rs.1,00,000/- with two sureties; subject to conditions including regular court appearance, no tampering, no threats, no leaving country without permission, monthly affidavits of no new crimes.

Issues: Whether twin conditions of Section 37 NDPS satisfied prima facie; admissibility/reliance on confessional statements and CDRs at bail stage; sufficiency of shelter allegation and lack of finances to deny bail; parity with co-accused.

Ratio Decidendi: In commercial quantity NDPS cases, bail granted where evidence (confessions, CDRs) inadmissible or deferred to trial, no financial complicity, and prima facie no guilt likelihood of reoffending; parity and presumption of innocence apply; conditions imposed for second limb.

Result: Bail application allowed.

Table of Content
1. innocence, completed probe justify interim bail. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. secret tip-off enables heroin recovery raid. (Para 9)
3. ndps section 37 mandates twin conditions. (Para 10)
4. custodial confessions inadmissible post-tofan singh. (Para 11 , 12 , 13 , 14)
5. cdrs lack substantive conversation evidence. (Para 15 , 16)
6. no finances, priors, parity favor release. (Para 17 , 19 , 20 , 21)
7. prima facie not guilty; unlikely reoffend. (Para 18 , 22)
8. bail granted with bonds and conditions. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29)

Judgment :

Virender Singh, J.

Applicant Samina @ Sameena @ Gulfasa 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 she 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 her with the crime in question.

4. According to the applicant, investigation, in the present case, is complete and nothing is to be recovered, from her 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 she is having deep roots in the society and there is no chance of her fleeing away from justice.

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

7. On the basis of above facts, Mr. Panku Chaudhary, Advocate, for the applicant has prayed that, on the ground of parity, the relief as claimed in the application, be granted to the applicant.

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

9. 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.

9.1 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.

9.2 According to the I.O., in case, search warrants and authorization letter are obtained, in that eventuality, delay would be occurred and the contraband could be removed from there.

9.3 The information was found to be authentic and reliable, u