Himachal Pradesh High Court
Reserved On: 01.08.2025 vs State Of H.P on 19 August, 2025
Author: Virender Singh
Bench: Virender Singh
1. ( 2025:HHC:28087 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1442 of 2025 Reserved on: 01.08.2025 Date of Decision: 19.08.2025 Vyas Dev ...Applicant Versus State of H.P. .....Respondent Coram:
The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Raju Ram Rahi, Advocate. For the respondent : Mr. H.S. Rawat, Additional Advocate General, assisted by ASI Neeraj Kumar, Police Station, Nurpur, Police District Nurpur, H.P, for the respondent/State.
Virender Singh, Judge Applicant-Vyas Dev, 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.52 of 2025, dated 07.03.2025, registered under Sections 20 & 29 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the 'NDPS Act'), with Police Station, Nurpur, District Kangra, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment?
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2. According to the applicant, he is innocent person and has falsely been implicated, in this case.
3. Investigation, in the present case, is stated to be completed and the applicant is in judicial custody. All these facts have been pleaded to demonstrate that the custodial interrogation of the applicant, is no longer required by the police.
4. The applicant has further pleaded that he is the sole bread earner of his family and having deep roots in the society.
5. According to the applicant, no contraband has been recovered from him, as, he has been arrested, in this case, on the basis of statement made by the co-accused. As such, it has been pleaded that there is no substantive evidence to connect the applicant, with the crime in question.
6. The applicant had earlier tried his luck by moving similar application, before the Court of learned Special Judge-III, Kangra at Dharamshala, District Kangra, H.P., however, the said application was dismissed, vide order dated 03.06.2025.
7. On the basis of the above facts, Mr. Raju Ram Rahi, 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.
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8. On the basis of the above facts, a prayer has been made to allow the application.
8.1. When, put to notice, the police filed the status report, disclosing therein, that on 07.03.2025, a Ruka was submitted to Police Station, Nurpur, by ASI, Vinay Kashyap, IO, mentioning therein, that he, along with HC Umakant No.50, Manish No.416, C. Sandeep No.415 and Constable Lekh Raj No.254, CIA staff, in his personal vehicle bearing No.HP48A-5130, being driven by the IO, had left Police Station, Nurpur, for patrolling and duty to detect the crime relating to excise and narcotics and picketing. They were having the IO kit, personal laptop of the IO, printer, drug detection kit and electronic weighing machine and had proceeded towards Jassur side. While, on patrolling, when, they reached at Jassur market, then, IO along with other police officials, reached at Police Post, Kandwal at about 8:20 AM, they had put picketing and started checking the vehicles coming from Jassur to Pathankot side. During that process, two persons, who were on their morning walk, reached there and started talking to the IO.
8.2. On inquiry, one person disclosed his name as Narender Kumar, son of late Sai Dass, the then, Pradhan, Gram Panchayat Kandwal, and the other person disclosed his name
4. ( 2025:HHC:28087 ) as Sanjeev Kumar, Pradhan, Gram Panchayat, Varnda. During that period, a white coloured vehicle, being driven by its driver came from Jassur side. On noticing, the picketing, the driver of the vehicle had stopped the said vehicle at a short distance from the barrier and tried to turn back the vehicle. As such, a suspicion has developed, in the mind of the IO, that there might be some suspicious and stolen articles in the said vehicle. The driver was nabbed and he was directed to park the vehicle, on the side of the road.
8.3 Registration of the vehicle number was found to be PB06AE-4569, make Swift Dzire. Two persons were sitting in the said vehicle. Their names and addresses were inquired in the presence of Narender Kumar and Sanjeev Kumar, upon which, the driver disclosed his name as Amit Kaushal son of Om Prakash Kaushal and other person disclosed his name as Gurpeet Singh, both residents of Amritsar. Thereafter, the IO demanded the license and directed him to produce the requisite documents. When, the driver took out the papers from the dashboard, in that process, a black coloured polythene envelope had also fallen down. The IO developed a suspicion that the said polythene envelope might be containing some suspicious article, as such, Narender Kumar and Sanjeev Kumar were
5. ( 2025:HHC:28087 ) associated, as independent witnesses and the knot of the said polythene envelope was opened.
8.4. On checking, the same was found to be containing stick shaped substance having fungus over it, which, on smelling and experience was found to be Charas. Thereafter, the LED installed in the vehicle was opened. Behind the LED, three black coloured envelopes, having knot over them, were found, which were opened and the same were found to be containing Charas. On weighment, the same was found to be 4 kg 30 grams. Thereafter, after putting the recovered contraband in the same envelope, was put in a white and green coloured carry bag and was sealed with twelve seals of 'U'. Other codal formalities were completed.
8.5. During investigation, accused Gurpreet Singh, in the formal inquiry, disclosed that the Charas, weighing 4 kg 30 grams, was given to them, by one Dharam Chand, having mobile phone No.98169-68151. Thereafter, the Ruka, under Sections 20, 25 and 29 of the NDPS Act, was prepared and submitted to the Police of Police Station Nurpur, for registration of FIR, upon which, the FIR in question has been registered. The accused persons were arrested. They were medico legally examined at Civil Hospital, Nurpur.
6. ( 2025:HHC:28087 ) 8.6. Thereafter, contraband, so recovered, along with vehicle, was taken into possession and produced before the SI, SHO Ashwani Kumar, who, resealed the parcel with three seals of seal 'O'. Thereafter, the accused persons were produced before the Court, from where, they were remanded to police custody for three days. Thereafter, the case property was produced before the competent Court of law, from where, the inventory proceedings were got conducted and the contraband, so recovered, was sent to RFSL, Junga.
8.7. During the police remand, accused persons were interrogated and accused Amit Kaushal son of Om Prakash Kaushal, has disclosed that he is running Tours and Travels Company and used to ply his private Car Maruti Swift Dzire No.PB06AE-4569 as Taxi. He has purchased the said vehicle in the year 2017 from one Gurcharan Singh, through affidavit, on payment of Rs.6,00,000/-, however, the registration of the said vehicle has not been transferred in his name. 8.8. According to him, he is having two mobile phone numbers, bearing No.98885-67016 & 84910-64569. According to him, his father Om Prakash, by profession, is an Advocate at Gurdaspur and his parents are residing at Gurdaspur. His mother, Rajinder Sharma, retired from Education Department,
7. ( 2025:HHC:28087 ) as a teacher and his brother is working in Australian Police and residing at Australia along with his family members. The accused is residing at Amritsar, along with his wife and daughter. During the business of Tours and Travels, he came in contact with Gurpreet Singh, in the month of September, 2024 and both were addict of Charas. Whenever, Gurpreet Singh needs a vehicle, he used to request him.
8.9. In the month of October, 2024, Gurpreet has requested telephonically that finances have been arranged by him and in order to take the payment, he has to go to Jassur, as such, he has requested him to take his vehicle. The rent of the same has been fixed as Rs.4,000/-. Thereafter, they had come to Jassur. When, they had crossed Jasur, during the night time, then, on the road leading to Dhaar, Gurpreet was called by someone through phone. The said person handed over 500 grams Charas to him, then, he came to know about the fact that Gurpreet is not in the business of finance, but, he is in the business of Charas. However, in order to fetch more benefit and under the pretext of getting the Charas, he used to take Gurpreet in the said vehicle. They used to purchase the Charas and Gurpreet used to sell the same at Amritsar in retail. He also used to consume the same.
8. ( 2025:HHC:28087 ) 8.10. On 06.03.2025 according to accused-Amit Kaushal, Gurpreet had shared his plan by apprising him that they will purchase Charas, in large quantity at once and will not have to come again and again, as such, on the same day, during the night time, he and Gurpreet came to Jassur from Amritsar and Gurpreet has telephonically requested a person to come on Dhaar road. On 07.03.2025 at about 6:00 to 6:30 AM, Gurpreet purchased 4 kg Charas @ Rs.45,000/- per kg and Gurpreet had paid Rs.30,000/- in cash and rest of the amount was promised to be paid after selling the Charas. He has further disclosed that at about 7:00 to 7:30 AM, after purchasing the Charas, when they were on their way to Amritsar, police intercepted them.
8.11. It is the further case of the police that accused Gurpreet Singh alias Lucky, during the police remand, has disclosed that he is addict of Charas and his sister Manisha used to consume Chitta, His father was working in Punjab police, but, he had expired in the year 2002. Whenever, he was having the craving for Charas, then, he used to purchase the same from one person namely Chima. About one year ago, he, met Amit Kaushal, who was also addict of Charas. Amit Kaushal used to drive his private vehicle as Taxi. Chima had
9. ( 2025:HHC:28087 ) expired about two months ago. Chima was in judicial custody at Amritsar, in a case involving Charas. Chima has told them that when, he was in judicial custody, one person from Chamba was also lodged there and Chima used to call the said person, as Papaji.
8.12. Chima had disclosed, in case of need of Charas in large quantity, then, Papaji can provide the same. Chima has also given the mobile phone of Papaji, which has allegedly been disclosed by him, as 98166-14936. He has contacted him on his number about six months ago. He also knew the said person by the name of Papaji. He used to contact Papaji and got purchase Charas in small quantity, i.e. 500 grams on 3-7 occasions. Papaji used to deliver the said contraband, through Dharam Chand having mobile phone bearing No.98169-68151. He has disclosed that they used to purchase Charas for a sum of Rs.450/- per 10 grams and sold the same for a sum of Rs.8,000/- per gram at Amritsar to the retailers. 8.13. It is the further case of the police that on intensive investigation, Gurpreet alias Lucky disclosed that he had purchased the Charas three times from Dharam Chand, through Papaji. Firstly, he had purchased 500 grams, Secondly 1 kg, and thirdly 3 kg, and this time they had purchased 4 kg, Charas
10. ( 2025:HHC:28087 ) @ Rs. 50,000/- per Kg. Whenever, need arises for purchasing Charas, 3-4 days ago, he used to call Papaji, from his wife's mobile phone No.76968-88919 to the mobile phone of Papaji bearing No.98166-54936. In order to avoid his involvement, he did not use his mobile phone bearing No.82888-23292. He has further disclosed that after his talk with Papaji. Dharam Chand, aged about 50 to 60 years, having the grey hair, used to deliver the contraband at the designated place. He has used his wife's mobile phone, thrice and also used to pay the amount in cash. 8.14. It is the further case of the police that the accused had also identified the place, from where, he used to get the contraband from Dharam Chand. Spot map was prepared. 8.15. It is the further case of the police that CDRs, customer application form and tower locations of mobile phone, bearing No.98169-68151 belonging to alleged Papaji and mobile phone bearing No.9816614926, belonging to Dharam Chand, were found to be essential, as such, the service providers were requested to provide the said information. 8.16. After receiving CDRs and CAF, it was found that from the mobile phone number of Gurpreet Singh, bearing No.76968-88919, on 07.03.2025 and earlier on 05.02.2025 and on 18.02.2025 calls were made on the suspicious number
11. ( 2025:HHC:28087 ) 98159-68155. Prior to this, on 05.02.2025 and 18.02.2025, another mobile phone, bearing No.80912-33889 was found to be suspicious, as such, CDRs of the same were obtained. 8.17. On analysis, it was found that from 01.10.2025 (sic) to 07.03.2025, this mobile phone, bearing No.80912-33889 was used in different cell IDs, in District Chamba, but on 18.02.2025 and 07.03.2025, as per Cell IDs, the same was active in Nurpur area. During that period, mobile phone number of Gurpreet Singh alias Lucky, bearing No.76968-88919 was found active in Nurpur area.
8.18. It is the further case of the police that on 18.02.2025, at about 3:47 to 5:59 AM, the Cell phone remained active, in Nurpur area, on Cell IDs Nos.404-03-521-62913, 53581-60673, 53581-60673. On 18.02.2025, again mobile phone bearing No.80912-33889 at about 1:30 PM, was found active in District Chamba, on Cell IDs No.404-03-270-63173. Similarly, on 07.03.2025 at about 4:55 to 5:30 AM, the said mobile phone remained active, in Nurpur area and thereafter, at about 5:47 PM, the same was found in District Chamba.
8.19. On the basis of these locations, their activities were found to be unnatural and suspicious. The police has given the details of their activities, as under:-
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(a) On 05.02.2025, accused-Gurpreet Singh from his mobile phone, bearing No.76968-88919 had contacted Amit Kaushal, on his mobile phone, bearing No.98885-67016 from 1:26 to 1:58 AM. Thereafter, from the said mobile phone, bearing No.76968-88919, on five occasions, contact was made on suspicious mobile phone, bearing No.80912-33889 from 2:20 to 6:35 AM. During that period, regularly, the said mobile phone from 4:31 to 4:34 AM, remained active in Nurpur area and on 6:32 AM, the same was found active in Punjab area. During this period, phone number 80912-33889 was found active in District Chamba and from this mobile phone number, on eight occasions, contact was made with mobile phone, bearing No.98169-68151 from 2:54 to 8:30 AM. During that period mobile phone, bearing No.98169-68151 was found active in Nurpur area and thereafter, from 5:47 PM, the same was found active, in District Chamba.
(b) On 18.02.2025, accused-Gurpreet Singh, from his mobile phone bearing No.76968-88919 has called his co- accused and vehicle driver Amit Kaushal, on his mobile phone bearing No.98885-67016 from 1:52 to 1:59 AM. Thereafter, from phone number bearing No.76968-88919, seven times contact was made on mobile phone bearing No.98169-68151
13. ( 2025:HHC:28087 ) from 3:45 to 5:13 AM. During that period, the said mobile phone number found active in Nurpur area from 4:32 to 5:13 AM and thereafter, from 7:17 AM, the said phone number was found active in Punjab. During that period, from the suspicious mobile phone bearing No.98159-68151, call was made on another suspicious mobile phone, bearing No.80912-33889 between 3:47 to 5:59 AM, on seven occasions. During that period, mobile phone, bearing No.98169-68151 was found active in District Chamba. During that period, mobile phone, bearing No.80912-33889 was found active in Nurpur area and from 1:38 PM, the same was found active in District Chamba.
(c) It is the further case of the police that on 07.03.2025, accused Gurpreet Singh has called for his mobile phone No.76968-88919 to the mobile phone of his co-accused Amit Kaushal, bearing No.98885-67016 at about 2:02 AM. Thereafter, Gurpreet Singh from his mobile phone No.76968-88919, had called the suspicious mobile phone No.98169-68151 at about 3:54 to 5:10 AM, on nine occasions. During that period, his mobile phone was found to be active in Nurpur area, whereas, he was arrested along with his co-accused Amit Kaushal for 4 kg 30 grams charas at Kandwal. During that period mobile phone No. 98169-68151 and another suspicious mobile phone
14. ( 2025:HHC:28087 ) No.80912-33889, on four occasions, calls were made to each other from 4:55 to 5:30 AM. The mobile phone No.98169-68151 remained active in Nurpur area, whereas mobile phone No.80912-33889 was also active in Nurpur area and from 5:47 PM, the same was again active in District Chamba. Thereafter, mobile phone No.98169-68151 from 07.03.2025 was found switched off, after recovery of the Charas. 8.20. Since the holders of the mobile phones No.98169- 68151 & 80912-33889 were found to be suspicious, as phone number 98169-68151 from 07.03.2025, after recovery of the charas, the same was found to be switched off. Mobile phone No. 98169-68151 was issued in the name of Shankar Singh S/o Pal Singh, who has given the same to Som Dutt S/o Kushi Ram. The said Som Dutt further handed over the same to Dharam Chand. The mobile phone No.80912-33889 was found to be issued in the name of Seema wife of Jagdish Kumar, residents of District Mandi, H.P. 8.21. During investigation, it was found that Seema is daughter of accused Vyas Dev, who has given the said SIM for use, to her mother, however, the same was being used by her father Vyas Dev (applicant) and mother Dilo Devi. Thereafter, the CDRs of both the mobile phones, along with IMEI numbers
15. ( 2025:HHC:28087 ) were obtained and the same were put on tracking. Thereafter, for obtaining IMEI numbers & IPDR, correspondence was made. On tracking IMEI number was of phone number 80912-33889, was found to be 863298079031908. At the same time, another sim bearing No.93172-86783 was also being used in the said phone. Thereafter, service provider was requested to provide the information with regard to mobile phone No.93172-86783. The same was found to be issued in the name of Vyas Dev (applicant). Thereafter, on 06.04.2025, the police team, under the leadership of Sub Inspector Neeraj Kumar, was sent to his village for investigating him, in the presence of Up Pradhan, Bhuvnesh Kumar and Ward Panch, Ashok Kumar and Forest Guard, Vishal. When, the inquiry was being made from him, at about 5:15 PM, three ladies came there and asked the police, as to how, they are inquiring from Vyas Dev (applicant), upon which, ASI Neeraj has given his identification to those three ladies. However, the said three women got aggressive and dragged applicant-Vyas Dev towards their house. However, Vyas Dev (applicant) was nabbed by handcuffing him and a scuffle had taken place, in which, C. Manish No.416, sustained injuries, Vyas Dev (applicant) also suffered swelling in his right hand, from which, he was handcuffed.
16. ( 2025:HHC:28087 ) 8.22. It is the further case of the police that the said ladies also threatened the police to get them in a false case. Due to their act of causing obstruction in the duty of the public servant and making futile attempt to get accused Vyas Dev (applicant) fled away, upon which, the police has registered case FIR No.77 of 2025 against those ladies, with Police Station, Sadar Chamba, under Sections 221, 121(1), 132 and 3(5) of BNS. 8.23. During investigation on 07.04.2025, residential house of Vyas Dev (applicant) was searched, but nothing incriminating was found. Applicant-Vyas Dev produced the mobile phones, one mobile phone make REDMI A-4 5 G 50 MP AI Camera, bearing IMEI-1 No.863298079031908 and IMEI 2, No.863298079031916 and SIM Nos.9317286783 & 80912- 33889 were found in it. He was arrested on 07.04.2025. He was medico legally examined.
8.24. On 08.04.2025, he was produced before the Court of learned ACJM, Nurpur and was remanded to police custody till 11.04.2025. During police remand, matter was inquired from him, upon which, he disclosed that in order to make both ends meet, he used to purchase Charas and sell the same in retail and was earning good income from the said business. For the last four years, he is doing this business with Dharam Chand,
17. ( 2025:HHC:28087 ) son of Sher Singh. Dharam Chand is his cousin and he is having a big two storeyed house in village Kuther. Dharam Chand had given a shop on rent to Sonu Kumar, son of Vyas Dev (applicant) and Sonu is running a business of photography in the said shop. Dharam Chand is dealing in the business of Charas, on large scale, he was having the links with smugglers of Charas at Bharmour and Churah , who used to deliver the same. About 10-12 years ago, Vyas Dev (applicant) and Dharam Chand purchased 5-5 Kanals land in village Mehti through Som Dutt Son of Kushi Ram. Thereafter, they had constructed a room for their residence over the said land and thereafter, at the instance of Dharam Chand, he also indulged in the same activities. Dharam Chand used to deal with the prospective purchaser regarding sale of Charas, through his mobile phone No.98166-14936 and the same mobile phone number has been issued in the name of elder son of applicant- Vyas Dev, namely Sonu, however, Dharam Chand is using the same.
8.25. Apart from this, another mobile phone, whose last digit has been disclosed by him, as 151 was also being used by him. At the direction of Dharam Chand, he used to visit the room at Mehti, where, some unknown person used to deliver
18. ( 2025:HHC:28087 ) Charas to him. Thereafter, Dharam Chand used to direct him to deliver the same at Defence Road Niazpur, by delivering the Charas and receiving the money in lieu of that. At the instance of Dharam Chand, he had delivered the Charas to the buyers at that place. The buyers used to hand over the money in lieu of the Charas by putting the same in a packet and he used to hand over the said packet to Dharam Chand for a sum of Rs.5,000/-, on each occasion. Dharam Chand about 10 years ago, also remained confined in Dharamshala Jail, for three years. Dharam Chand had earned the money from this business and he is having a cloth shop, orchard and two taxis. He has further disclosed that now, Dharam Chand also opened a School at Dulara under the name and style of Krishana Public School. The elder son of Dharam Chand is running the said School and younger son is in the business of Tour and Travels. He has further disclosed that on 06.03.2025, during the evening time, Dharam Chand came to applicant-Vyas Dev, at his room, at Mehati along with 4 kg Charas, with a direction to hand over the same on 07.03.2025 in the morning hours, to Gurpreet at Defence Road. At that place, he had handed over the Charas to Gurpreet and as usual, Gurpreet had handed over the amount by way of packet, which, he had handed over to Dharam Chand
19. ( 2025:HHC:28087 ) at Mehati in lieu of that, Dharam Chand had paid him Rs.12,000/- at Chamba, which he had spent.
8.26. During investigation, on 09.04.2025, applicant-Vyas Dev had identified the place, where, he had handed over the Charas to Gurpreet. Spot map was prepared. His room was also searched, but, nothing incriminating was found. In order to adjudge the involvement of Dharam Chand, analysis of CDRs was again done and it was found that accused Gurpreet Singh alias Lucky, from his mobile phone No.76968-88919, remained in touch with Dharam Chand on his mobile phone No.98166- 14936, 98169-68151. As per status report, they remained in touch on 04.11.2024, 18.11.2024, 17.12.2024, 30.12.2024, 08.01.2025, 18.01.2025 and 24.01.2025.
8.27. It is the further case of the police that on 25.04.2025, positive result of the contraband was received. Accused Dharam Chand has not yet been arrested, in this case, as such, application to declare him proclaimed offender has been made in the competent Court of law.
8.28. On the basis of the said stand, the relief of bail, as sought by the applicant, has been opposed by the police mainly on the ground that Charas, weighing 4 kg, 30 grams, was recovered, in this case and on the basis of the said recovery,
20. ( 2025:HHC:28087 ) circumstantial evidence, CDRs of the accused persons, it has been found that on 07.03.2025, accused Gurpreet Singh, Amit Kaushal, when, were caught with 4 kg 30 grams Charas and prior to that also, on 04.11.2024, 18.11.2024, 17.12.2024, 30.12.2024, 08.01.2025, 18.01.2025, 24.01.2025, 05.02.2025 and 18.02.2025, the mobile tower locations of mobile phone Gurpreet Singh, Amit Kaushal and Vyas Dev was found at the same place i.e. Niazpur defence road.
8.29. From the said fact, according to the police, it seems that at the instance of Dharam Chand, applicant-Vyas Dev had handed over 4 kg 30 grams Charas to accused Gurpreet Singh alias Lucky and Amit Kaushal. From the analysis of CDRs, it has also been pleaded that on the above dates, whenever, accused Gurpreet Singh and Amit Kaushal used to come to Nurpur for purchasing Charas, accused Gurpreet Singh called his co-accused Amit Kaushal and probably, a request has been made to him to bring his vehicle, after reaching at Nurpur, Dharam Chand was contacted on his mobile phone Nos.98166- 14936 & 98169-68151 and thereafter, Dharam Chand contacted applicant-Vyas Dev, on his mobile phone and probably, he had given direction to applicant-Vyas Dev to deliver consignment of Charas to Gurpreet Singh and Amit Kaushal.
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9. On the basis of the above facts, a prayer has been made to dismiss the application on the ground that the involvement of the applicant is proved, in this case, in view of CDRs, tower locations, consumer application form, as well as, on the basis of the fact that the applicant himself has admitted his involvement in the crime in question.
10. Admittedly, the contraband, allegedly recovered, in this case, falls within the definition of 'commercial quantity.
11. In view of the law laid down by Hon'ble Supreme Court in Criminal Appeal No.5544 of 2024, titled as 'Narcotics Control Bureau versus Kashif', Citation No.2024 INSC 1045, before releasing the person, involved in the crime, it is obligatory upon the Court to record the findings, which should be more than prima-facie findings, regarding existence of the twin conditions, as enumerated under Section 37(b)(ii) of the NDPS Act. In other words, it can be said that before releasing the person, involved in the crime in issue, findings have to be recorded by the Court, about the fact that accused is not guilty of such offence, and while on bail, he is not likely to commit any offence.
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12. The involvement of the applicant was found by the police on the basis of the alleged revelation made by him after his arrest, as well as, on the basis of the tower locations of the mobile phone of the applicant, his CDRs, which shows that he remained in touch with accused Dharam Chand, as well as, accused Amit Kaushal and Gurpreet Singh.
13. Firstly, so far as the alleged revelation made by the applicant is concerned, as per the status report, the applicant was arrested on 07.04.2025 at 8:45 PM. Thereafter, he was produced before the Court of learned ACJM Nurpur, from where, he was remanded to police custody till 11.04.2025. During police custody, the applicant has allegedly disclosed the facts, which have been reproduced above and relied upon by the police, to show the involvement of the crime in question.
14. Admittedly, the said revelation is not admissible in evidence, as, the same amounts to confessional statement and the same cannot be relied upon, in view of the law laid down by Hon'ble Supreme Court in Tofan Singh versus State of Tamil Nadu, reported in (2021) 4 Supreme Court Cases 1. Relevant paragraph 158.1 of the judgment is reproduced, as under:-
"158.1. That the officers who are invested with powers under Section 53 of the NDPS Act are "police officers"
23. ( 2025:HHC:28087 ) within the meaning of Section 25 of the Evidence Act, as a result of which any confessional statement made to them would be barred under the provisions of Section 25 of the Evidence Act, and cannot be taken into account in order to convict an accused under the NDPS Act"
15. In this case, police has not produced any document relating to the financial transcation between the accused persons.
16. So far as, the CDRs, tower locations are concerned, the effect of relevance of those CDRs and tower locations would be considered during the trial.
17. Hon'ble Supreme Court in State by (NCB) Bengaluru versus Pallulabid Ahmad Arimutta & Anr., reported in 2022 (2) SCALE 14, has held that evidentiary value of the CDRs is to be determined, during trial. Relevant portion of the judgment is reproduced as under:-
10. It has been held in clear terms in Tofan Singh Vs. State of Tamil Nadu6, that a confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. In the teeth of the aforesaid decision, the arrests made by the petitioner-NCB, on the basis of the confession/voluntary statements of the respondents or the co-accused 6 (2021) 4 SCC 1 Page 9 of 12 2022 livelaw (SC) 63 Petition for Special Leave to Appeal (Criminal) No. 1569 OF 2021 under Section 67 of the NDPS Act, cannot form the basis for overturning the impugned orders releasing them on bail. The CDR details of some of the accused or the allegations of tampering of evidence on the
24. ( 2025:HHC:28087 ) part of one of the respondents is an aspect that will be examined at the stage of trial. For the aforesaid reason, this Court is not inclined to interfere in the orders dated 16 th September, 2019, 14th January, 2020, 16th January, 2020, 19th December, 2019 and 20th January, 2020 passed in SLP (Crl.) No@ Diary No. 22702/2020, SLP (Crl.) No. 1454/2021, SLP (Crl.) No. 1465/2021, SLP (Crl.) No. 1773-74/2021 and SLP (Crl.) No. 2080/2021 respectively. The impugned orders are, accordingly, upheld and the Special Leave Petitions filed by the petitioner-NCB seeking cancellation of bail granted to the respective respondents, are dismissed as meritless.
(Self emphasis supplied)
18. It has rightly been argued by learned counsel for the applicant that the person, who is residing in District Chamba and his tower location is found in Nurpur, the said fact cannot be taken as connecting evidence, against the applicant to connect him with the crime in question.
19. The CDRs can only provide information like Caller ID duration and Cell Tower Details, however, they do not capture the substance of the conversation itself. These are the call record details, which are the metadata (data about data) about the call and the same is totally different from call recording, which offers direct evidence of the communication, including specific words spoken and context of the conversation, which can be crucial, for deciding the matter.
25. ( 2025:HHC:28087 )
20. The cumulative effect of the above discussion is that on the basis of the stand, so taken by the Police, in this case, it can be said that the applicant is not guilty of such offence and keeping in view his age, it can be said, at this stage, that in case, he is ordered to be released on bail, he may not commit any offence.
21. Even otherwise, for the second condition, as enumerated under the provisions of Section 37(b)(ii) of the NDPS Act that the applicant will not commit any offence, while on bail, reasonable conditions, can be imposed upon him. Consequently, the twin conditions, are found to be existing in favour of the applicant.
22. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.
23. Consequently, the applicant is ordered to be released on bail in case FIR No. 52 of 2025, dated 07.03.2025, registered under Sections 20 and 29 of the NDPS Act, with Police Station, Nurpur, District Kangra, H.P., on his furnishing personal bond in the sum of Rs. 1,00,000/-, with two sureties in the like amount, to the satisfaction of learned trial Court.
26. ( 2025:HHC:28087 )
24. This order, however, shall be subject to the following conditions:-
a) The applicant shall appear before the IO, as and when, directed by the IO to do so and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application;
b) That the applicant will not leave India, without prior permission of the Court;
c) That the applicant will not directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and
d) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.
25. Any of the observations, made hereinabove, shall not be taken, as an expression of opinion, on the merits of the case, as these observations are confined, only to the disposal of the present bail application.
26. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant.
27. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Jawahar
27. ( 2025:HHC:28087 ) Nagar, Dharamshala, District Kangra, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison software.
28. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Jawahar Nagar, Dharamshala, District Kangra, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Kangra, District Kangra, H.P. The Superintendent of Jail, District Jail, Jawahar Nagar, Dharamshala, District Kangra, Himachal Pradesh, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.
29. Record be returned to the quarter concerned.
(Virender Singh)
Judge
August 19, 2025
(subhash)
Digitally signed
RAJNI by RAJNI
Date: 2025.08.20
11:28:26 +0530