Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Akash Digal Vs. State Page 1 of 5
N THE COURT OF SPECIAL JUDGE, NDPS, EAST DISTRICT,
KARKARDOOMA COURTS, DELHI.
Bail Appl. No. 1014/2026
Akash Digal Vs. State
PS : Kalyan Puri
FIR No. 74/2026
U/S 20/21/25/29 NDPS Act
22.08.2026
This is second bail application u/s 483 of BNSS for grant of regular
bail filed on behalf of applicant/accused Akash Digal.
Present: Sh. Ramesh Bajiya, Ld. Addl. Public Prosecutor for the
state.
Sh. Vinay Singh, Sh. Ankush Singh & Sh. Anmol
Mangat, Counsels for the applicant/ accused.
IO/ASI Amit Kumar is present.
1. Reply of the present application has already been filed.
2. I have heard the arguments on bail application advanced by
Learned Addl. PP for the State, Learned counsels for the
applicant/accused and perused the record.
3. During the course of arguments, counsel for the
applicant/accused submitted that applicant/accused Akash Digal has
been falsely implicated in the present case and he is in judicial
custody since 26th March, 2026. It is further submitted that present
accused was arrested on the basis of disclosure statement made by co-
accused persons namely Akbar & Firoz Khan who were arrested on
12.03.2026. It is further submitted that no contraband has been
recovered from the possession of the present accused, however,
prosecution in order to connect the present accused with the other co-
accused person namely Firoz Khan has relied upon CDR as well as
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Akash Digal Vs. State Page 2 of 5
monetary transactions of Rs. 75,999/-. It is further submitted that
neither CDR nor money transactions is enough to establish the
criminal conspiracy between the present accused and co-accused
person. Further, present accused is previously not involved in any
crime. It is further submitted that investigation is almost complete.
Now no purpose would be served to detain the accused behind the
bars. Counsel for the accused in support of his arguments has also
relied upon case titled
Vinay Dua Vs. State Govt. of NCT of Delhi
decided by Hon’ble High Court of Delhi on 11.06.2026. It is prayed
that accused should be released on bail.
4. On the contra, Learned Addl. PP for the State has opposed the
bail application stating that initially two accused persons namely
Akbar & Firoz Khan were apprehended on 11.03.2026 alongwith two
bags. After inspection of said two bags, total 21.730 kg of
Ganja/Marijuana was found. Apart from this, total around 46 gram of
smack was also recovered from the possession of accused Firoz Khan.
During the investigation, accused Firoz Khan had disclosed that he
got procured 50 KG of Ganja from his source i.e. present accused R/o
Bhuvneshwar, Orissa. On the basis of said disclosure statement,
present accused was also arrested on 26.03.2026. It is further
submitted that present accused is the main source of the contraband
and having criminal conspiracy with the co-accused persons. The said
criminal conspiracy is reflected by way of CDR and monetary
transactions between the present accused and co-accused Firoz Khan.
It is further submitted that there are four financial transactions
between the co-accused Firoz Khan and present accused i.e. Rs.
23,000/- on 29.06.2025, Rs. 3500/- on 01.07.2025, Rs, 29,999/- on
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Akash Digal Vs. State Page 3 of 5
19.01.2026 & Rs. 19,500/- on 09.02.2026. It is further submitted that
there is CDR showing that present accused and co-accused Firoz
Khan were in touch and they were having 22 calls in the year 2025-
2026. It is further submitted that although no recovery has been
effected from the present accused but he is the main Orissa based
source of psychotrotic substance who used to supply the said
contraband.
4.1 It is further submitted that investigation is still going on. Co-
accused namely Amit Sahni is absconding and police is conducting
search for arresting the said accused person.
4.2 It is further submitted that citations relied upon by the counsel
for the applicant/ accused i.e.
Vinay Dua (Supra) is not applicable
upon the facts and circumstances of the present case. In the said
referred case, some ALPRAZOLAM tablets were recovered from the
possession of the accused persons. In the said case, it was claim of
the petitioner that they were having valid pharmaceutical license
and transactions and CDR pertains to fair dealing. Whereas in the
present case, illegal contraband of smack and Ganja were recovered
from the possession of co-accused persons and on the basis of
disclosure statement present accused was apprehended. Further, in the
said referred case, the chargesheet was filed whereas in the present
case chargesheet has not been filed. Moreover, one co-accused person
namely Amit Sahni is still absconding and warrants has also been
issued against him.
4.3 It is further submitted that the recovered contraband is a
commercial quantity and section 29 of the NDPS is also invoked in
the present case as allegation pertains to criminal conspiracy to
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Akash Digal Vs. State Page 4 of 5
commit an offence involving commercial quantity, the statutory
rigour under section 37 of the NDPS Act become applicable. It is
prayed that present accused should not be released on bail.
4.4 Learned Addl. PP for the state in support of his arguments has
placed the reliance upon the following cases:-
(i) State by the Inspector of Police Vs. B. Ramu decided by
Hon’ble Supreme Court on 12.02.2024.
(ii) Arjun Sarkar Vs. State of NCT of Delhi decided by Hon’ble
High Court on 05.05.2025.
(iii) Union of India (NCB) Etc Vs. Khalil Uddin Etc decided by
Hon’ble Supreme Court on 21.10.2022.
(iv) Narcotics Control Bureau Vs. Mohit Aggarwal decided by
Hon’ble Supreme Court on 19.07.2022.
(v) Hardeep Singh Vs. The State decided by Hon’ble High
Court on 18.11.2022.
5. After having gone through the submissions of both the parties
and perusal of the record, I find that commercial quantity of
contraband i.e. 21.730 kg of ganja and 46 grams of smack were
recovered from the possession of co-accused persons namely Akbar
& Firoz Khan. During the investigation of the case, present accused
being the alleged main source of contraband was also apprehended at
the instance of the co-accused Firoz Khan. Although, no contraband
has been recovered from the possession of present accused.
Prosecution in order to show the alleged criminal conspiracy of the
present accused with the co-accused person had relied upon monetary
transactions i.e. Rs. 23,000/- on 29.06.2025, Rs. 3500/- on
01.07.2025, Rs, 29,999/- on 19.01.2026 & Rs. 19,500/- on
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Akash Digal Vs. State Page 5 of 5
09.02.2026. Further, there is CDR showing that present accused and
co-accused Firoz Khan were in regular touch, particularly, from 2025-
2026 (22 calls). Investigation is still going on. Co-accused person
namely Amit Sahni is still absconding. In view of the said facts and
circumstances, at this stage, I am not inclined to grant the bail to the
present accused.
6. Before parting with this order, it is to be noted here that I have
also gone through the citation i.e.
Vinay Dua (Supra) referred by
counsel for the accused but same is not applicable upon the facts and
circumstances of the present case.
7. With these observations, present application stands dismissed.
8. It is clarified that nothing stated in this order should be
considered as observation on the merits of the case.
9. Copy of this order be given
dasti, as prayed.
(R.L. Meena)
Special Judge, NDPS,
East Karkardooma Courts, Delhi
22.08.2026
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