Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1553

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Ravinder Singh @ Shyamu - Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr. MP (M) No. 2571 of 2025
Decided On : 21-11-2025

Advocates Appeared:
For the Petitioner:M/s Ajay Sipahiya and Tarun Mehta, Advocates
For the Respondent:Mr Prashant Sen, Deputy Advocate General

In NDPS commercial quantity cases, co-accused confessional statements inadmissible against petitioner; call detail records alone insufficient for Section 37 twin conditions; bail on parity where co-accused released.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 18, 20, 27A and 29 r/w Section 37 - Bail in cases involving commercial quantity - Prosecution relying on disclosure statements of co-accused and call detail records - Confessional statements of co-accused inadmissible under Section 25 of Evidence Act, 1872 and Section 162 CrPC, not substantive evidence - Call detail records alone insufficient to establish prima facie case or satisfy twin conditions under Section 37 - Section 27A not attracted absent material connecting harboured person to specified activities under Section 2(vii)(b) - Principle of parity applicable where co-accused released on bail with similar role - Bail granted subject to bail bonds of Rs.1,00,000/- with one surety and conditions including no witness intimidation, attendance at trial, no unexplained absence, surrender of passport and mobile reporting. (Paras 10-18)

(B) CrPC - Section 439 - Principles for grant of bail - Courts to consider nature of accusation, evidence, punishment severity, risk of absconding, witness tampering, repetition of offence, public interest - Bail not matter of course, requires reasoned order based on prima facie satisfaction of case against accused. (Para 8)

Facts of the case:
Petitioner sought regular bail in case involving recovery of commercial quantity of charas and opium from apprehended persons, with alleged links to petitioner via co-accused disclosures and call detail records showing communications over period. Investigation complete, charge-sheet filed, 50 prosecution witnesses, trial listed for charge consideration. Co-accused with similar role released on bail earlier.

Findings of Court:
Petition allowed; petitioner directed to be released on bail upon furnishing personal bond of Rs.1,00,000/- with one surety, subject to conditions; observations not to prejudice trial merits.

Issues: Whether disclosure statements of co-accused and call detail records sufficient to deny bail under rigours of Section 37 NDPS Act; applicability of Section 27A; entitlement to bail on parity with co-accused.

Ratio Decidendi: Confessional statements of co-accused during investigation inadmissible against petitioner per Supreme Court precedents; no reliance possible thereon for prima facie case; insufficient material for Section 27A; parity mandates similar treatment to co-accused with comparable role. Result : Petition allowed.

Table of Content
1. ndps bail petition and prosecution's factual status report. (Para 1 , 2 , 3)
2. parties' arguments on parity and section 37 rigours. (Para 4 , 5 , 6)
3. supreme court principles for judicious bail grant. (Para 7 , 8 , 9)
4. co-accused confessions inadmissible under evidence act. (Para 10 , 11)
5. precedents hold cdr and disclosures insufficient for denial. (Para 12 , 13 , 14 , 15)
6. section 27a inapplicable without specific activity proof. (Para 16)
7. bail granted on parity with co-accused. (Para 17)
8. petitioner released on bail with conditions. (Para 18 , 19 , 20 , 21)

Judgment :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 45/2025, dated 28.02.2025, registered at Police Station Joginder Nagar, District Mandi, for the commission of offences punishable under Sections 18, 20, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).

2. It has been asserted that the petitioner is innocent, and he was arrested on 13.03.2025. The police have filed the charge sheet after the completion of the investigation. The matter is listed for consideration of the charge on 26.11.2025. The prosecution has cited 50 witnesses. The prosecution is relying upon the call detail record and the disclosure statement made by the co-accused. This Court has already released the co-accused Nitish Kumar @ Lucky in CrMP(M) No. 2187 of 2025 decided on 17.10.2025. The petitioner is entitled to bail on the principle of parity. The petitioner would abide by the terms and conditions which the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting the police party was patrolling on 28.02.2025 at Joginder Nagar Bus Stand, where Constable Bunty Jamwal informed them that he had apprehended three persons at Gugli Khad in suspicious conditions. The police reached the spot where they met Constables Manish Kumar, Bunty Jamwal and Ashok Kumar. They had apprehended three persons, who revealed their names as Ganga Ram, Mani Ram and Sher Singh. Ganga Ram had a black backpack with him. The police searched the backpack in the presence of Rakesh Kumar and Arshad Mohammad and recovered 3 kilograms and 11 grams of charas and 310 grams of opium. The police seized the charas and opium and arrested Ganga Ram, Mani Ram and Sher Singh. The police interrogated them. Ganga Ram revealed that he had concealed 2.109 Kilograms of Charas. He led the police to the spot, and the police recovered 2.109 kilograms of Charas. The police seized the charas. It was found during the investigation that charas was to be delivered to Gaurav alias Jolly. The police checked the call detail record and found that Ganga Ram was in touch with Gaurav @ Jolly. Ganga Ram had shared a photograph of a sample of opium with him on his WhatsApp number. The police obtained the WhatsApp conversation and seized the mobile phone. Subsequently, Gaurav alias Jolly surrendered before the police. He revealed during the investigation that he and petitioner, Ravinder alias Shyamu, used to purchase charas and opium from Ganga Ram and other persons. He also named Nitish Kumar as his associate. Petitioner Ravinder Kumar used to maintain the record of the charas sold by Ganga Ram to Gaurav alias Jolly. Police also arrested the petitioner Ravinder Kumar and Nitish Kumar. The police checked their call detail record and found that Ganga Ram and Jolly had talked to each other 304 times between 01.09.2023 and 27.02.2025. Gaurav had talked to Nitish Kumar 416 times between 04.09.2023 and 27.02.2025. Gaurav had talked to petitioner Ravinder 21 times between 23.10.2023 and 25.02.2025. Gaurav and petitioner Ravinder had talked to each other on another mobile 115 times. Similarly, Ganga Ram and Jagdish had talked to each other 4 times. The data from the mobile phone of Gaurav alias Jolly and Nitish Kumar could not be retrieved as one mob