Order 10

Order Details: COPY OF ORDER
Pdf Text: 33 IA/08/2026
SC 7151/2025
PS CRIME BRANCH
FIR NO. 174/2025
STATE VIS BA ASHFAQUR AHMED
29.04.2026
This is an application under Section 483 BNSS for grant of regular bail
moved on behalf of accused/applicant Ashfaque Ahmad.
Present: Sh. Pankaj Bhatia, Ld. Addl. PP for the State.
Sh. Jitender Sethi along with Sh. Sidhanth Mor, Counsel for
the applicant/accused.
1. Reply to the instant bail application has been filed by the
State/IO. Same be taken on record. Copy supplied to the Ld. Counsel for
the applicant/accused.
2. Present bail application is filed by the applicant in the
instant FIR No.174/2025, registered under Section 20/29 NDPS Act at
P.S. Crime Branch, Delhi.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
3. Counsel for the applicant/accused submits that present
applicant is falsely implicated having clean antecedent in the present case.
He further submits that applicant was arrested on 08.07.2025 and is in JC
till date. He further submits that nothing incriminating has been recovered
from the possession of the applicant or his instance. He further submits
that investigation is complete in the present matter and charge sheet has
been filed and no fruitful purpose would be served by keeping this
accused behind bars, therefore, he requests for concession of regular
bail.
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ARGUMENTS ON BEHALF OF STATE
4. Per contra, Ld. Addl. PP for the State assisted by the IO has
submitted that allegations levelled against the applicant/accused are
serious in nature as commercial quantity of the contraband i.e. 1203
grams of Charas has been recovered from the applicant/accused while
1247 grams of Charas was recovered from the co-accused Belal Ahmed,
therefore, bar of Section 37 of NDPS Act is attracted in this matter, hence,
bail should not be granted to the applicant. It is further submitted that
accused/applicant is involved in drug trafficking. 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.
5. Submissions heard. Record perused.
FINDINGS/CONCLUSION
6. Allegations against accused/applicant are serious in nature
as applicant was arrested with commercial quantity of the contraband i.e.
1203 grams of Charas, which was recovered from the applicant/accused
Ashfaque Ahmad and 1247 grams of Charas was recovered from the co-
accused Belal Ahmed. Since, it is an admitted position that commercial
quantity of the contraband is alleged to have been recovered from the
possession of the applicant, therefore, bar of Section 37 of NDPS Act is
attracted in this matter. However, no arguments were addressed qua twin
test laid down under Section 37 NDPS Act and in the absence of any
substantial arguments on Section 37 NDPS Act, the present application
cannot be allowed.
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6.1 The amount of quantity recovered from the possession of
accused persons falls under the category of commercial in nature and bar
of section 37 NDPS Act is applicable. Therefore, the onus is upon the
applicant to satisfy the twin conditions imposed as mandated in judgment
titled as Union of India through NCB (Lucknow) Vs. Nawaj Khan
Criminal Appeal No. 1043/2021.
6.2 The judgments relied upon Ld. Counsel for the
accused/applicant are not applicable to the present case being
distinguishable on facts and moreover, granting bail is a discretion which
is to be exercised by the Court as per facts and circumstance of each
case.
6.3 In Mansab Ali Vs. Irsan and Anr. 2003 SC 707, it has been
held by Hon’ble Supreme Court that since the jurisdiction is discretionary,
it is required to be exercised with great care and caution by balancing
valuable right of liberty of an individual and the interest of the society in
general.
6.4 In view of the above facts and circumstances of the case, I
am of the considered view that no ground is made out for grant of bail to
accused/applicant Ashfaque Ahmad. Therefore, the application moved on
behalf of the accused/applicant Ashfaque Ahmad stands dismissed.
7. Nothing in this order shall tantamount to an expression of
opinion on the merits of the case during trial.
8. Pursuant to directions issued by Hon’ble Supreme Court of
India in SMWP (Criminal) No. 4/2021 titled as In Re Policy Strategy for
Grant of Bail as well as in compliance of judgment titled as Ajay Verma
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Vs. State, copy of this order be sent to Jail Superintendent through e-
mail.
Copy of this order be given dasti, as prayed for.
Harvinder Singh Johal
Spl. Judge(NDPS)/ASJ
North Distt., Rohini Courts,
Delhi/29.04.2026(
j)
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