In NDPS cases, co-accused confessions inadmissible for bail denial absent contraband recovery; prolonged pre-trial detention of foreign national with immigration violations violates Article 21; bail granted with stringent conditions on parity and innocence presumption.

JUDGMENT :

RANJAN SHARMA, J.

1. Bail petitioner, Tidj Mamane @ Tidy Mamane, being in custody since 29.02.2024, has come up before this Court, seeking regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as 'BNSS'] originating from FIR No.11 of 2024, dated 10.02.2024, under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter referred to as NDPS] and Section 14 of the Foreigners Act, registered at Police Station Parwanoo, District Solan, [HP].

FACTUAL MATRIX IN INSTANT BAIL PETITION:

2. Case set up by Learned Counsel for bail petitioner is that an FIR No. 11 of 2024, dated 10.02.2024, under Sections 21 and 29 of NDPS Act was registered by the police in Police Station Parwanoo, with the averments that on receipt of secret information two persons namely Rishabh Sehgal and Anish Sonkar were found to be in possession of the contraband i.e. Chitta/Heroin, weighing 39.70 grams & 9.33 grams respectively. It is averred that after arrest of Rishabh Sehgal and Anish Sonkar, the police started investigation and during investigation, the police interrogated one Sh. Devinder Chindda, who was also arrested by the police. It is averred that during joint investigation, these accused named the bail petitioner [Tidj Mamane @ Tidy Mamane] and based on confessional-disclosure statement of other accused, the police party at the instance of the accused Devinder Chindda headed from Parwanoo (HP) to Delhi on 27.02.2024 vide GD No. 54, at about 11:54 PM:

(i). It is averred that on 28.02.2024, the police reached near Akash Hospital, Dawarka, Delhi, wherein, the bail petitioner [Tidj Mamane @ Tidy Mamane] was identified by the accused Devinder @ Chindda on 28.02.2024, Annexure P-3 and on asking of the police, the bail petitioner handed over his mobile phone to the police on 28.02.2024, Annexure P-4. It is further averred that the bail petitioner was arrested on 29.02.2024, at about 2:10 PM, Annexure P-6. It is averred that the arrest memo was prepared by the police on 29.02.2024, Annexure P-6, whereby the bail petitioner was informed of the accusation under Section 29 of the NDPS Act. It is averred that the police at the instance of the bail petitioner informed his friend one Legase, on mobile number 87318-38064.

(ii). It is averred that pursuant to the arrest on 29.02.2024, the police submitted an application for remand before Learned ACJM Kasauli on 01.03.2024, Annexure P-7 and based on this application, the petitioner was produced before Learned ACJM, Kasauli, District Solan, [H.P] when, the bail petitioner was remanded to police custody till 05.03.2024, Annexure P-8. In this background, it is averred that though the petitioner was apprehended by the police on 28.02.2024 but the formal arrest and the arrest memo was shown by the police on 29.02.2024, and he was produced before the Learned ACJM Kasauli on 01.03.2024, which was beyond the duration of 24 hours and, therefore, the arrest of the bail petitioner was not in accordance with law. It is averred that at the time of arrest of police authorities have not resorted to the compliance of Article 22 of the Constitution of India by not furnishing the grounds of arrest to the bail petitioner.

(iii). It is further averred that the petitioner is innocent and is not involved in the co