NDPS – Bail – Involvement of accused no.2 in view of statement of accused no.1 under Section 67 of NDPS Act.  No possession or recovery of contraband from applicant-accused no.2

On 3.2.2023, the accused no.1 was arrested for the offences under NDPS Act.  In his statement under Section 67 of  NDPS Act, the accused nos.2 and 3 were alleged to have been involved in the crime.  However, there was no possession or recovery of contraband from the applicant – accused no.2.  There is no direct evidence of money trail or contact with accused no.1.

HELD that the confession / voluntary statement of accused no.1 under Section 67 is inadmissible and therefore, the arrest made on the basis of such inadmissible evidence is not legal. However, there was no possession or recovery of contraband from the applicant – accused no.2.  There is no direct evidence of money trail or contact with accused no.1. Considerations for bail are whether the Court is satisfied that there are reasonable grounds to believe that he is not guilty of such offence and that he is not likely to commit any offence while on bail.   There are no criminal antecedents against the applicant – accused no.2 under NDPS Act.  

Order dated 17.4.2024 in Criminal Bail Application No.2894 of 2023 of Saddam Hussain Qureshi Vs. Union of India and another