NDPS bail and electronic evidence: seized devices, chats and disclosures supported prima facie trafficking, defeating release.

In NDPS bail matters, seized electronic material, including mobiles, laptops, emails, chats, customer lists, transaction details and forensic data, may support a prima facie finding of large-scale trafficking and external dealings. Although Section 67 statements are not, by themselves, admissible as confessions, disclosure that leads to facts within the petitioners' knowledge remains relevant when read with other incriminating material. The objection that electronic evidence lacked a Section 65B certificate was not accepted where the record showed such certificates were collected. On that basis, the statutory bar against bail operated and release was refused.

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Issues: Whether bail should be granted in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 where the petitioners challenged reliance on Section 67 statements and electronic material seized from mobile phones and laptops.

Analysis: The material on record showed prima facie involvement in large-scale trafficking and external dealings in narcotic and psychotropic substances. The seized mobiles, laptops, mails, chats, customer lists, transaction details and related forensic material indicated participation in the illegal trade. Although statements under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 may not by themselves be admissible as confessions, the disclosure leading to discovery of facts within the petitioners' knowledge, read with the other incriminating material, was relevant. The objection based on the absence of a Section 65B certificate was not accepted in view of the record showing collection of such certificates. In these circumstances, the statutory bar against bail operated against release.

Conclusion: Bail was not granted and the petitions were rejected.

Ratio Decidendi: In NDPS bail matters, where seized electronic and other corroborative material prima facie establishes trafficking activity, bail may be refused notwithstanding a challenge to Section 67 statements and objections to electronic evidence.

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