Case Details: Reshma @ Reshma Begum vs. State of H.P. (2025) 35 Centax 263 (H.P.)
Judiciary and Counsel Details
- Virender Singh, J.
- Shri Panku Chaudhary, Adv., for the Appellant.
- S/Shri Mohinder Zharaick, Additional Adv. General with Rohit Sharma, Dy. A.G. a/b. ASI Krishan Bhandari, P.S. Puruwala, District Sirmour, for the Respondent.
Facts of the Case
The applicant sought bail in proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), wherein the contraband allegedly recovered was admitted to fall within commercial quantity, and the rigours of Section 37 were stated to apply. It was recorded that the role attributed to the applicant by the police was based solely on revelations made by co-accused while they were in police custody, and the applicant relied upon the position that officers empowered under Section 53 of the NDPS Act are ‘police officers’ for purposes of Section 25 of the Evidence Act, 1872, rendering such confessional statements inadmissible. It was further noted that no financial transaction had been found to have taken place and that co-accused Parvez had already been granted bail, forming the basis for a contention of parity. The matter was accordingly placed before the High Court.
High Court Held
The High Court held that a confessional statement made by a co-accused to officers exercising powers under Section 53 of the NDPS Act is hit by Section 25 of the Evidence Act, 1872 and cannot be relied upon to implicate the applicant. The Court observed that, aside from such inadmissible material, no financial link or other circumstance had been produced to connect the applicant with the alleged offence, notwithstanding the applicability of Section 37 of the NDPS Act owing to the commercial quantity. The Court further noted that the co-accused Parvez had been released on bail, and the principle of parity thus supported the applicant’s plea. The High Court accordingly granted bail to the applicant with reference to Section 483 of the Bharatiya Nagarik Suraksha Sanhita and Sections 37 and 53 of the NDPS Act.
List of Cases Cited
- Hakam Khuda Yar v. Emperor — AIR 1940 Lahore 129 — Relied on [Para 14]
- State by (NCB) v. Pallulabid Ahmad Arimutta — 2022 (2) SCALE 14 — Relied on [Para 16]
- Tofan Singh v. State of Tamil Nadu — (2021) 4 SSC 1 — Relied on [Para 15]
- Vikram Singh v. State of Punjab — AIR 2010 SC 1007 — Relied on [Para 13]
