Delhi High Court: Mere WhatsApp Chats and Phone Calls with Co-accused Not Enough to Deny Bail in NDPS Case

The Delhi High Court granted anticipatory bail in an NDPS case, holding that mere WhatsApp messages and phone calls with co-accused cannot establish guilt without direct, corroborative evidence. 

The applicants, licensed pharmacists, were accused of engaging in the narcotics trade based on financial transactions and digital communication.

The Court noted that no illegal substances were recovered from the applicants, and they had a clean background. Referring to Dalip Singh v. State (NCT of Delhi), it stated that indirect evidence and statements made by a co-accused cannot be relied on unless supported by additional proof.

As per Section 37 of the NDPS Act, the Court found reasonable grounds to believe the applicants were not guilty and granted conditional bail.