Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1340

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Tej Pratap Singh - Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr. MPM No. 2201 of 2025
Decided On : 17-10-2025

Advocates Appeared:
For the Petitioner:Mr. N.S. Chandel, Senior Advocate with Mr. Vinod Gupta, Advocate
For the Respondent:Mr. Prashant Sen, Deputy Advocate General

In NDPS cases, co-accused confessional statements to police, call detail records, and financial transactions alone insufficient for prima facie case denying regular bail; further detention unjustified post-investigation.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Sections 21, 22 and 29 - Bail application - Prima facie case against petitioner reliant on co-accused disclosure statement, call detail records linking mobile numbers, and financial transactions - Disclosure and confessional statements inadmissible under Section 23 Bharatiya Sakshya Adhiniyam (corresponding to Section 25 Evidence Act) and Section 162 CrPC (corresponding to Section 181 BNSS) - Financial transactions and call details insufficient to connect accused without more - Multiple prior FIRs noted but investigation complete, trial commenced with witnesses examined - Further detention not justified; bail granted subject to furnishing bonds and conditions prohibiting witness intimidation, ensuring attendance, restricting travel, surrendering passport, and maintaining contact details. (Paras 10-17)

(B) Bail - Grant parameters - Consider nature of accusation, evidence quality, punishment severity, accused character and antecedents, repetition risk, witness tampering apprehension, justice obstruction - No detailed merits probe but prima facie reasons required; mechanical orders invalid. (Paras 8-9)

Facts of the case:
Vehicle intercepted on secret information; drugs recovered from driver who disclosed petitioner as supplier; financial transfers traced via mobile-linked accounts; petitioner produced vehicle on arrest and during interrogation disclosed source leading to further arrests; charge-sheet filed, 18 of 44 witnesses examined; multiple prior cases pending against petitioner.

Findings of Court:
Petitioner directed to be released on bail bonds of Rs.1,00,000/- with surety; conditions imposed; observations limited to bail disposal, no merit bearing.

Issues: Sufficiency of co-accused confession, call records, and transactions for prima facie case denying bail; legality of arrest grounds communication left open.

Ratio Decidendi: Police confessional statements and co-accused disclosures inadmissible as substantive evidence; circumstantial links like finances and calls inadequate absent direct recovery or corroboration; bail warranted post-investigation/trial progress despite antecedents.

Result: Petition allowed.

Table of Content
1. ndps fir: drug recovery from co-accused implicating petitioner. (Para 1 , 2 , 3)
2. arguments: false implication versus criminal antecedents risk. (Para 4 , 5 , 6)
3. bail parameters from supreme court precedents. (Para 7 , 8 , 9)
4. co-accused confessions inadmissible under bsa section 23. (Para 10 , 11 , 12)
5. cdr and financial links insufficient for ndps custody. (Para 13 , 14 , 15 , 16 , 17)
6. bail granted subject to conditions; observations limited. (Para 18 , 19 , 20 , 21 , 22)

Judgment :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 28 of 2024, dated 21.02.2024, registered for the commission of offences punishable under Sections 21,22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (ND&PS Act) at Police Station Nahan, District Sirmour, H.P.

2. It has been asserted that, as per the prosecution, the police intercepted a vehicle bearing registration no HR-12Y- 8814 being driven by Roshan Lal alias Vikky Don, and recovered 960 capsules bearing the mark Parivon Spas Plus containing Tramadol and one polythene containing 22.92 grams of heroin. The police seized the heroin and capsules and arrested Roshan Lal, who disclosed that he had purchased the heroin and the capsules from the petitioner. The police checked the bank account and found the transaction between Neetu Devi and the petitioner to the extent of Rs. 4,92,100/-. The police arrested the petitioner, who got recovered a vehicle bearing registration No.HR85F-0550. The allegations against the petitioner are false. The petitioner is a permanent resident of Ambala. He belongs to a respectable family and has deep roots in society. He is the sole earner of the family, and his family is suffering from hardship in his absence. The investigation is complete, and no recovery is to be made from the petitioner. The petitioner was arrested on 24.02.2024, and the grounds of arrest were not communicated to him. F.I.R. No.297 of 2018, dated 19.12.2018, F.I.R. No.271 of 2019, dated 13.09.2019, F.I.R. No. 276 of 2020 dated 27.05.2020, F.I.R. No. 25 of 2021 dated 31.01.2021, F.I.R. No.258 of 2021 dated 26.08.2021, F.I.R. No. 348 of 2021, F.I.R. No.174 of 2022 dated 22.06.2022, F.I.R. No.182 of 2022 dated 15.04.2022, F.I.R. No.298 of 2023 dated 27.12.2023 and F.I.R. No.397 of 2022 dated 15.10.2022 are pending against the petitioner. The petitioner would abide by all the terms and conditions which the Court may impose. Hence, the present petition.

3. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 20.02.2024. They received secret information at about 6:20 p.m. that Roshan Lal alias Vicky Don was transporting the intoxicating drugs in his vehicle bearing registration No.HR12Y- 8814, and a huge quantity of capsules could be recovered by its search. The police reduced the information into writing and sent it to the resident of Additional Superintendent of Police, Nahan. The police associated Harish Chadner and Harinder and set up a Nakka. A vehicle bearing registration No. HR12Y-8814 reached the spot. The police stopped the vehicle. The petitioner was driving it. The police recovered 960 capsules of Parivon Spas Plus containing Tramadol and a polythene containing 22.92 grams of heroin. The police seized the heroin and capsules and arrested the driver, Roshan Lal, who revealed that he had purchased the heroin and capsules from the petitioner. The police checked the mobile phone of Roshan Lal and found the financial transaction with 15-20 persons through Google Pay. Roshan Lal had paid Rs. 60,000/-in cash and the other amount by Google Pay to the petitioner. The police found the transaction of Rs. 6,05,000/- between the mobile number used by Roshan Lal and the petitioner. The police obtained the call detail record and the customer application form. The mobile number xxxx xx7649 was found registered in the name of Neetu Devi, and the mobile number xxxx xx