Man Arrested Based On Phone Calls, Money Trail Connected With NDPS Accused: Punjab & Haryana High Court Refuses Bail

The Punjab and Haryana High Court recently denied bail to a man, arraigned as an accused in a FIR under the Narcotic Drugs and Psychotropic Substances Act, 1985 and arrested, merely on the basis of a disclosure statement made by a co-accused.

Whereas it was the case of the bail applicant, Krishan, that there is no admissible evidence against him and that the 5 kgs and 100 grams opium contraband involved in the case was not recovered from him, Justice Jasjit Singh Bedi observed,

"A huge quantity of contraband has been recovered from the co-accused of the petitioner. It would be matter of adjudication during the trial as to whether the petitioner can be held liable for the said recovery. However, keeping in view the stringent provisions of Section 37 of the NDPS Act, I do not find it to be a fit case to grant regular bail to the petitioner."

The Court was also informed by the State counsel that the petitioner had transferred a sum of Rs.25,000/- two-three times in the account of his co-accused, Ashfaq, and therefore, the connection between the duo stands established. It was further apprised that there were call records between the two and the petitioner had destroyed his mobile phone.

The Petitioner had approached the High Court under Section 439 CrPC for grant of regular bail in FIR under provisions of the NDPS Act along with Section 201 IPC.

The contraband was recovered from Ashfaq and Irshad, in a truck, on its way from Karnal to Ambala.