Interim Order 35

Order Details: COPY OF ORDER
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CNR NO. DLNT010171522025
12 ΙΛ/08/2026 SC-7172/2025 PS CRIME BRANCH
FIR NO. 164/2025
STATE V/S SATPAL
ORDER ON THE BAIL APPLICATION OF ACCUSED SATPAL
17.08.2026
Present: Dr. Raj Rani, Ld. Addl. PP for the State.
Ld. Counsel for the applicant/accused.
1. This is an application u/s. 483 BNSS for seeking regular
bail on behalf of the applicant/Satpal Singh.
2. It is argued by Ld. Counsel for the applicant that the
accused is in judicial custody since 29.06.2025. It is further argued that
the accused/applicant was running a mobile shop including mobile repair
works, mobile sale & purchase and accessories, money transfer on the
basis of commission, all types of online documentation etc. It is further
argued that in the night of 28.06.2025, the applicant/accused had gone
to Punjab on his motorcycle in connection with his above said business
and returned in the morning of 29.06.2025 at about 5.55 am and when
he was about to reach his village at Jhingola, Delhi, some police officials
stopped him on the road and started inquiring him. It is argued that
applicant/accused gave satisfactory reply to all their queries regarding
his business and day to day affairs. It is further argued that on being
asked about one person namely Sharam Singh @ Rinku, applicant
showed his ignorance about him, thereafter, said police officials started
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threatening the applicant saying “Sharam Singh to Pakadwa De Nahi
to Tere Upar Mall Rakh Kar Band Karenge”. However, applicant did not
accept their proposal, after which police officials asked somebody on
phone to arrange narcotic substance for planting upon the
applicant/accused and after some time, they arranged some narcotic
substance and planted upon the applicant. It is further argued that the
FSL team in his report has not given the percentage of the each alleged
mixed drugs in absence of which, prosecution cannot claim that the
alleged quantity of drugs allegedly recovered from the possession of the
applicant was commercial quantity. It is further argued that that the
applicant belongs to a respectable family and has clean antecedent. It is
further argued that that applicant has deep roots in the society and have
a family to support and that there is no chance of escaping from the
judicial process in any manner. In support of his case, Ld. Counsel for
the applicant/accused has relied upon the judgment of Hon’ble High
Court of Delhi i.e. Pahalman Budha Magar Vs. State NCT of Delhi,
pronounced on 21.01.2026. It is therefore prayed that the
applicant/accused be granted regular bail.
3. Ld. Additional PP for State in assistance with the IO has argued
that on 29.06.2025, the applicant/accused was apprehended on the secret
information and 401 gram heroin and 45 gram MDMA were recovered
from the possession of the applicant/accused. It is further argued that the
accused/applicant got recovered 114.06 gram heroin from the possession
of co-accused Jagsir Singh @ Jaggi. It is further argued that there is
proper a Whatsapp and Instagram connectivity between the
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applicant/accused and co-accused persons over their national and
international numbers. There are financial transactions between the
applicant/accused Satpal Singh with his sources and receivers. The
account details in this regard have already been obtained. It is further
argued that accused/applicant was previously also involved in NDPS Act
and that there is a strong possibility that he will jump the bail and may
again get in same type of cases. It is further argued that accused is a part
of drug nexus which are selling narcotic drugs.
4. Heard. Record perused.
5. This is stated to be a third bail application of the applicant. The
applicant was allegedly found in possession of 401 grams of Heroin and
45 grams of NDMA and on his disclosure, the other co-accused was
apprehended from whom 114 grams of Heroin which was supplied to the
co-accused by him. The contraband recovered from the applicant is of
commercial quantity and bar of section 37 of NDPS is applicable with
full force. The motorcycle on which the applicant was apprehended was
found to be belonging to Sharam Singh @ Rinku and it was found to be
registered in the name of mother of Sharam Singh. The applicant is also
found involved in previous NDPS case and found to be connected
through whatsapp with other co-accused persons.
6. Ld. Defence counsel has stressed upon the fact that compliance
u/s. 105 BNSS has not been made in the present case but it has been
clarified by the IO that e-sakshay app was not working and proper
videography was made using the mobile phone of HC Ajeet and videos
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have been provided to the accused along with the chargesheet. It is also
argued that no independent witnesses were joined during search and
seizure proceedings and therefore compliance of section 103(4) BNSS
and 104(8) BNSS have not been made in the present case. In this regard
it is important to note that it is of common knowledge that the public
witnesses often shy away from joining the investigation for n number of
reasons and to avoid legal hassles. Even otherwise, the impact of non
joining of independent/public witnesses is to be considered after leading
of evidence.
7. Considering the overall facts & circumstances, this court is not
inclined to grant bail to the applicant/accused. The application is
hereby dismissed.
8. Nothing in this order shall tantamount to an expression of
opinion on the merits of the case during trial.
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 Vs.
State, copy of this order be sent to Jail Superintendent through e-mail.
Copy of this order be given dasti, as prayed for.
Sushil Anuj Tyagi
Spl. Judge(NDPS)/ASJ
North Distt., Rohini Courts,
Delhi/17.08.2026(
j)
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COVERSHEET TO THE COPY OF JUDGMENT / ORDER IN
COMPLIANCE OF THE PRACTICE DIRECTIONS ISSUED IN
PURSUANCE OF THE ORDER DATED 23.10.2024 PASSED IN
WPC(C) 1082/2020, TITLES AS SUHAS CHAKMA VS. UNION OF
INDIA AND ORS, BY THE HON’BLE SUPREME COURT OF INDIA.
The applicant/accused is hereby informed that he may avail free
legal aid facilities for pursuing higher remedies, for which he may
contact for seeking appropriate guidance of:
North Delhi Legal Services Authority,
Room No. 405, Rohini Courts Complex, Delhi
Phone No. 011-27557310 & 9667992797
Email: north-dlsa@nic.in
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