P&H: Grants Bail in 9gm Heroin, Custody of more than 8 months, accused Named Only In Co-Accused’s Disclosure statement
High Court has granted regular bail to a man implicated in an NDPS case solely on the basis of a co-accused’s disclosure statement recorded in police custody, where no recovery was made from the petitioner. Petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), allowed noting the non-commercial nature of the alleged recovery and the petitioner’s prolonged incarceration.
The case stems from a chance recovery in which police intercepted a person carrying 9 grams of heroin. During investigation, the co-accused allegedly named the petitioner. The State opposed the bail plea orally and placed a custody certificate on record, while no formal reply was filed.
The Court recorded multiple factors favouring bail: the petitioner has been in custody for over eight months; there was no recovery from him; the only material against him is a disclosure statement made by a co-accused while in police custody; no discovery or recovery followed from that disclosure; the recovery quantity is non-commercial and...
