The court ruled that statements made under police influence are inadmissible against co-accused in NDPS cases, allowing bail due to lack of prima facie evidence.

JUDGMENT : 

VIRENDER SINGH, J.

1. Applicant-Kumar Chand has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 133/2024, dated 21.11.2024, under Sections 18, 20, 25 & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Palampur, District Kangra, H.P.

2. According to the applicant, he is innocent and has falsely been implicated, in this case.

3. As per the stand of the applicant, he has been arrested mainly on the ground of having committed offence under Section 29 of the ND&PS Act, whereas no contraband has been recovered from him nor at his instance. The alleged contraband was recovered from an unclaimed bag in the bus and no passenger came forward to own the same.

4. It is his further case that he has been named as accused in the case, on the basis of statement of co-passenger and said statement is stated to be inadmissible and the same is hit by the judgment of Hon’ble Apex Court in Toofan Singh’s case. He has termed the entire prosecution case highly improbable.

5. It is his further case that the police could not collect any evidence connecting him with the crime in question. The investigation of the case is stated to be complete.

6. The applicant had earlier tried his luck by moving the similar bail application before this Court, bearing Cr.MP(M) No. 1383 of 2025, however, the same was dismissed as withdrawn.

7. Apart from this, Mr. Yashveer Singh Rathore, Advocate, appearing for 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.

8. On the basis of the above facts, a prayer has been made to allow the bail application, as prayed for.

9. When, put to notice, the police has filed the status report, disclosing therein, that on 21.11.2024, the driver and conductor of bus bearing No. HP66-9707, namely Jitender Kumar (driver) and Roshan Lal (conductor) appeared before the police of Police Station Palampur, at 11:10 am, and got lodged a complaint that an unclaimed bag was found in the bus and when they had inquired from the passengers, none of the passengers had owned the same.

9.1 According to the driver and conductor, they had suspicion that the same might be containing some suspicious article, upon which, ASI Gopal Krishan, along with other police officials, reached at the spot. In the bus, six-seven passengers were there. Inquiry was made with regard to the said unclaimed bag, but, none of the passengers had claimed the same.

9.2 During inquiry, the names and addresses of all the passengers, who were present were inquired. During the entire process, one passenger, who has disclosed his name as Surajmani son of Kalu Ram, resident of Village Graman, Post Office Sihalbudhani, Tehsil Padhar, District Mandi, H.P. become perplexed and on intensive inquiry, he has disclosed that the bag containing charas is owned by one Kumar Chand resident of Bulang and Sunil Kumar resident of Bulang. Both of the said persons had proceeded towards Pathankot side in Scorpio vehicle bearing No. HP76-3921. He has further disclosed to the police that both of them had met him at Jogindernagar and allured him to pay Rs. 5,000 – Rs. 10,000/- and also directed him that they will contact him on phone at Jasoor to disclose the name of person, as to whom the bag is to be handed over.

9.3 Upon this, Surajmani boarded Kullu – Pathankot bus and he has not kept the bag with him, rather, the same was put in the rack. ASI Gopal Krishan informed the police that his departure be recorded in the DDR.

9.4 Before checking the bag, request was made to the passengers to be the independent witnesses, but all of them had put forward their personal problems, hence, I.O. associated driver Jitender Kumar