Bail granted in NDPS commercial quantity case as co-accused police custody statements inadmissible for conviction, CDRs' value for trial; Section 37 twin conditions satisfied via parity, lack of financial evidence, prima facie not guilty.

Judgment :

Virender Singh, J.

Applicant Reshma @ Reshma @ Begum has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing her, 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 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. The applicant has tried her luck before the learned Special Judge-I, District Sirmour, H.P., however, the same was dismissed vide order dated 31.7.2025.

7. 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.

8. Learned counsel for the applicant has prayed that, on the ground of parity, the relief as claimed in the application, be granted to the applicant.

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., in case, search warrants and authorization letter are obtained, in that eventuality, delay woul