Only Co-Accused's Statements, No Call Records: Rajasthan High Court Finds Section 37 Satisfied, Grants NDPS Bail

Rahul and Naresh, arrested in a 2025 case registered at Police Station Chhotisadri, under Sections 8/25 of the NDPS Act, sought bail under Section 483 of the BNSS (para 1). They said the 379.230 kg of poppy straw was recovered from two co-accused carrying it in a pickup vehicle, that neither petitioner was in the vehicle, and that only the co-accused's statements under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 tied the contraband to them, as belonging to Rahul and meant for Naresh (para 2). They added that no call records were available, the charge-sheet was filed, and they had been in custody since February 2026 (para 3). The Public Prosecutor said the co-accused had named them (para 4).

The Court recorded that the 379.230 kg of poppy straw, above the commercial quantity, was recovered from two co-accused caught at the spot while transporting it, who named Rahul as the source and Naresh as the intended recipient (para 5). The investigating agency had tried to obtain Rahul's call detail records and location details, but no such material appears to have been collected; nothing on record showed that any was collected for Naresh; and the Investigating Officer's conclusion recorded in the case diary did not indicate any (para 5). Prima facie, therefore, nothing apart from the co-accused's statements connected the petitioners with the contraband or with those found carrying it, and there was no independent corroborative evidence (para 5). On that material, with no recovery from their conscious possession, the Court formed the prima facie opinion that there were reasonable grounds for believing they may not be guilty, and nothing substantial suggested they would offend on bail; for the limited purpose of the bail applications, the twin conditions of Section 37 stood satisfied (para 6). The custody undergone, the completed investigation and charge-sheet, a likely long trial and no material on flight risk also weighed (para 7).