P&H High Court: Mere Disclosure Statement Cannot Deny Bail Under NDPS Act

Case Name: Sukhdev Singh vs. State of Punjab
Date of Judgment: 10 November 2025
Citation: CRM-M-61802-2025
Bench: Hon’ble Mr. Justice Jasjit Singh Bedi

Held: The Punjab & Haryana High Court ruled that a disclosure statement, without recovery or supporting evidence, cannot justify refusal of bail under the NDPS Act. The Court relied on Tofan Singh, Samarth Kumar, Pallulabid Ahmad Arimutta, Vijay Singh, and Vikrant Singh. It noted that the petitioner was a first-time offender, remained in custody since 06.01.2025, and the prosecution had not examined any of its 19 witnesses. These factors satisfied the Court that further detention was unnecessary under Section 37 NDPS Act.

Summary: The police recovered 2 kg of heroin from a vehicle driven by Balbir Singh, with Ajay Verma seated beside him. Both men named Sukhdev Singh and others in their disclosure statements. The police arrested the petitioner the next day. They did not recover any contraband from him. The only items found were empty plastic containers and a weighing scale, and even these items did not link him to the seized heroin. The petitioner argued that the prosecution relied solely on disclosure statements and had no independent evidence. The State admitted that the petitioner was a first-time offender and that the trial had not begun, as no witness had taken the stand. The Court examined the cited precedents. Each judgment held that a disclosure statement, without further proof, cannot establish guilt or justify prolonged incarceration. The Court therefore concluded that continued detention would serve no purpose.

Decision: The Court allowed the petition and granted regular bail to Sukhdev Singh on furnishing bail and surety bonds before the trial Court. He must appear at the concerned police station on the first Monday of every month and confirm in writing that he has not committed any new offence. He must also deposit an FDR of ₹1,00,000/-. The trial Court may forfeit the FDR if he absents himself without cause.