Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 31 LA/01/2026 SC 343/2026
PS Bh DAIRY, FIR NO. 162/2026
STATE V/S MANISH
08.06.2026
Present: Sh. Pankaj Bhatia, Ld. Addl. PP for the State.
Sh. Sajid Ahmad Meer, Ld. counsel for the applicant/
accused.
IO SI Chanderpal with case file.
1. Present bail application is filed by the applicant Manish in
the instant FIR No. 162/26, PS Bhalswa Dairy, under Section 21 (b)
NDPS Act.
1.2 Reply to the present bail application is filed. Same is taken
on record. Copy supplied.
1.3 Arguments on the bail application heard. Record perused.
ARGUMENTS ON BEHALF OF THE APPLICANT/ACCUSED
2. Ld. Counsel for the applicant/accused submits that present
applicant is a young person, sole bread earner, falsely implicated in the
present case. He further submits that accused/applicant is involved in
two other cases also but same are not under NDPS Act. He further
submits that the applicant/accused was arrested on 31.03.2026 and is in
JC till date. He further argued that applicant is alleged to have been
arrested with the contraband i.e. 22.10 gram Smack, which is an
intermediate quantity and hence, there is no bar of Section 37 of NDPS
Act. It is further argued that applicant has already undergone custody for
a period of more than two months, therefore, applicant also deserves the
concession of bail. It is further argued that investigation is complete qua
the present applicant in the present matter and trial will take a
considerable time and no fruitful purpose would be served by keeping
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this accused behind bars, therefore, he requests for concession of regular
bail.
ARGUMENTS ON BEHALF OF THE STATE
3. Per contra, Ld. Addl. PP for the State has vehemently
opposed the bail application stating that applicant/accused was arrested
with recovery of the contraband i.e. 22.10 gram Smack. It is further
submitted that the investigation is at the nascent stage and source of the
contraband is yet to be ascertained. The allegations against the
accused/applicant are serious in nature and there is every likelihood that
accused/applicant may commit further offence of similar nature, if he be
released on bail.
3.2 Submissions heard. Record perused.
FINDINGS/CONCLUSION
4. As a matter of fact, the recovery of the contraband i.e.
22.10 gram smack affected from the possession of the applicant in the
present matter is an intermediate quantity, hence, there is no Bar of
Section 37 of NDPS Act. The applicant was arrested on 31.03.2026 and
applicant has undergone judicial custody for more than two months.
Investigation is complete in the present matter and charge sheet has been
filed. The conclusion of the trial will take a considerable time and no
fruitful purpose will be achieved by keeping the accused/applicant
behind bars. Keeping the totality of the case in mind, this court is of the
considered opinion that the case of the present applicant deserves to be
allowed. Hence, accused/applicant Manish is admitted to bail subject
to furnishing a bail bond in the sum of Rs.50,000/- with one surety
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in the like amount to the satisfaction of this court/Ld. Link
Court/Ld. JMFC/ Ld. Link JMFC./Ld. Duty JMFC, on the
following conditions:
i) That the applicant/accused shall not leave Delhi without prior
intimation to the IO/Court either by written intimation or through SMS
to IO on mobile phone in advance;
ii) That the applicant/accused will supply all numbers of his functioning
phones/mobile phones to the IO as well as about his whereabouts.
iii) That the applicant/accused shall not tamper with the evidence;
iv) That the applicant/accused shall not try to contact in any manner or
threat the prosecution witnesses;
v) That in case of change of his residential address, he shall intimate the
court about the same;
vi) That the applicant shall attend the Court on each and every date of
hearing without fail.
vii) In case of involvement in any criminal case during bail period
the bail shall be liable to be cancelled.
5. A copy of this order be sent to the Jail Superintendent
concerned for further communication to the accused/applicant. Copy of
this order be also forwarded to Jail Superintendent concerned through E-
Mail.
Copy of this order be given dasti as prayed for.
Harvinder Singh Johal
Spl. Judge(NDPS)/ASJ
North Distt., Rohini Courts,
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