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Himachal Pradesh High Court Grants Bail to Accused in Narcotics and Organised Crime Case, Holding Mere Financial Transactions and Co-Accused Statements Insufficient to Deny Bail Under NDPS Act and New Criminal Code

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Court’s Decision

The Himachal Pradesh High Court allowed the bail petitions of the accused, granting them regular bail in an NDPS and BNS case, ruling that statements of co-accused, call detail records, and mere financial transactions are insufficient for denying bail under the stringent provisions of the NDPS Act. The Court held that financing under Section 27A requires direct evidence beyond financial transactions, and invocation of Section 111 of BNS requires proof of charge sheets within ten years to establish organised crime, which was absent in this case.


Facts

The case arose from the recovery of 26.68 grams of heroin from Sohan Lal and Geeta Sreshta on 4 March 2025. Investigation revealed large bank transactions, including deposits by the petitioners into accounts of Sohan Lal and others, leading to arrests under Sections 21, 27A, 29 of the NDPS Act, and Section 111 of the BNS. The petitioners contended they were falsely implicated solely based on financial transactions and call records, with no direct recovery from them, and had been in custody since 29 March 2025.


Issues


Petitioner’s Arguments

The petitioners argued they were falsely implicated based on UPI transactions and call records without recovery of contraband from them. They relied on Tofan Singh v. State of Tamil Nadu and Dipakbhai Jagdishchandra Patel v. State of Gujarat to argue that co-accused statements are inadmissible. They further contended that financial transactions do not constitute financing under Section 27A and that Section 111 BNS cannot be invoked without charge sheets within the preceding ten years.


Respondent’s Arguments

The State argued the petitioners were part of an organised crime syndicate dealing in heroin, as evident from call records and financial transactions, justifying denial of bail under Sections 27A and 29 NDPS Act and Section 111 BNS.


Analysis of the Law

The Court analysed:


Precedent Analysis


Court’s Reasoning

The Court held:


Conclusion

The High Court granted bail to the petitioners on furnishing bonds of ₹1,00,000 each with one surety, imposing conditions to:


Implications


Short Note on Cases Referred

FAQs

1. Are co-accused statements admissible under the NDPS Act to deny bail?
No, they are inadmissible and cannot be used to deny bail.

2. Does transferring money to a co-accused establish financing under Section 27A NDPS Act?
No, “financing” requires evidence of sustaining or enabling illicit trade, not mere transactions.

3. Can Section 111 BNS be invoked without prior charge sheets?
No, it requires at least two charge sheets within ten years to establish organised crime.

Also Read: Delhi High Court Rejects Default and Regular Bail Plea: “Sanction Under Arms Act Not Mandatory for Filing Chargesheet, Default Bail Not Maintainable”

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