Accused in Drug Trafficking Case Granted Bail Due to Lack of Substantive Evidence.

In another significant judgment, the Jammu & Kashmir High Court on March 28, 2025, granted bail to Yugraj Singh, accused of financing illicit drug trafficking under Section 27-A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Court's Observations on Call Detail Records and Inadmissibility of Confessions

Justice Sanjay Dhar highlighted the insufficiency of Call Detail Records (CDRs) to establish a direct link between Yugraj Singh and the crime. The court ruled that while the CDRs showed contact between Singh and a co-accused, there were no voice recordings or incriminating conversations to substantiate the charges under the NDPS Act. Furthermore, the Court emphasized that confessional statements made before police officers without the presence of a magistrate are inadmissible under Section 26 of the Evidence Act.

Case Background and Prosecution Allegations

Yugraj Singh was arrested in June 2023 after being identified as the kingpin of a drug trafficking network operating between Punjab and Jammu & Kashmir. The prosecution claimed that Singh financed the trafficking of heroin and that several co-accused had worked under his instructions.

However, the Court found the evidence insufficient to convict Singh, especially given the inadmissibility of custodial statements under Section 27 of the Evidence Act and the lack of direct evidence connecting him to the illicit trafficking activities.

Bail Granted on Grounds of Parity

Justice Dhar also referred to the parity principle, noting that Yaqoob Ali, another accused in the case, had already been granted bail by the trial court. Based on this and the absence of substantive evidence, the Court allowed Yugraj Singh’s bail plea, subject to certain conditions.

Case Title: Yugraj Singh Vs. UT of J&K, 2025