High Court Grants Regular Bail in NDPS Case, Cites Inadmissibility of Co-accused’s Statement

In a recent development, the High Court of Punjab and Haryana at Chandigarh granted regular bail to Jaswinder Singh, the petitioner, in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case. The judgement, delivered on 20^th July 2023, came in response to the petitioner’s plea for bail in connection with FIR No.304 dated 30.06.2022, which involved charges under Sections 15(c), 27-A, 29 of the NDPS Act.

“Admittedly, the petitioner is named in the disclosure statement of his co-accused. Pursuant to his arrest, no recovery of any contraband has been effected from him.”

During the hearing, the petitioner’s counsel, Mr. Jashandeep Singh Sandhu, Advocate, vehemently contended that his client had been falsely implicated and that the disclosure statement of his co-accused, which named the petitioner, was inadmissible as evidence. On the other hand, the State, represented by Mr. Kanwar Sanjiv Kumar, AAG, Haryana, cited the petitioner’s criminal antecedents as a reason to oppose bail.

Justice Jasjit Singh Bedi, presiding over the case, took into consideration the observations of the Hon’ble Supreme Court in various relevant judgments. The Court held that the statement of the accused against his co-accused in police custody was indeed inadmissible as evidence. Furthermore, it noted that two co-accused had already been granted bail, and no recovery of contraband was made from the petitioner.

In its decision, the High Court emphasized that the connection between the petitioner’s car and the alleged crime would be established during the trial. Given that the co-accused were already granted bail and considering the absence of any recovery from the petitioner, the Court found no necessity for further incarceration.

In light of the above, the High Court ordered the release of Jaswinder Singh on regular bail, subject to compliance with certain conditions. The petitioner was directed to appear before the police station concerned on the first Monday of each month until the conclusion of the trial and submit an affidavit affirming non-involvement in any other criminal activity. Additionally, an FDR (Fixed Deposit Receipt) of Rs.2,00,000/- was to be deposited, with forfeiture in case of unauthorized absence from the trial.

The judgement reaffirms the importance of proper admissibility of evidence in legal proceedings and highlights the Court’s commitment to ensuring a fair trial for the accused.

 Date of Decision: 20.07.2023

Jaswinder Singh vs State of Haryana