[Cites 3, Cited by 0]
Delhi High Court
Chibuzor vs The State Of Nct Of Delhi on 2 April, 2026
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.04.2026
+ BAIL APPLN. 1289/2026 & CRL.M.A. 10105/2026
CHIBUZOR .....Petitioner
Through: Mr. Shyam Sunder Aggarwal,
Advocate.
versus
THE STATE OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with SI Chandra Shekhar.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 578/2022 of
Police Station Vikaspuri for offence under Section 21 NDPS Act & Section
14 Foreigners Act.
2. I have heard learned counsel for accused/applicant and learned APP
for State assisted by IO/SI Chandra Shekhar.
3. Broadly speaking, according to prosecution case, on the basis of
secret information, a trap was laid by police and the accused/applicant was
apprehended and after completion of procedural formalities, from bag
BAIL APPLN. 1289/2026 Page 1 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569a
f3962c6fb4835d435f97626cacca, ou=HIGH COURT
KATHPALIA
st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996
b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.04.02 18:04:14 -07'00'
By:RAHUL YADAV
Signing Date:02.04.2026
18:08:56
carried by the accused/applicant, 502 grams heroin was recovered.
4. Learned counsel for accused/applicant submits that grounds of arrest
were not verbally explained to the accused/applicant. It is also contended
that testimony of witnesses examined during trial reflect a number of
contradictions, which show that the prosecution case is not truthful. It is also
contended that the chain of custody of the contraband is doubtful. Learned
counsel for accused/applicant also contends that the Head Constable, who
received the secret information as per FIR, was not competent to conduct the
raid, therefore, the accused/applicant deserves to be released on bail.
5. Learned APP strongly opposes the bail application on the ground that
the quantity of heroin recovered from the accused/applicant was much more
than even double the commercial quantity, consequently, the twin conditions
of Section 37 NDPS Act come into play.
6. It is trite that at the stage of bail, the court cannot minutely examine
the evidence on record. It is only broad contours of the evidence that have to
be kept in mind. The FIR clearly shows that the Head Constable, after
receiving the secret information, produced the informer before the Sub
Inspector, who satisfied himself after speaking with the secret informer and
then shared the information with the concerned ACP. It is the concerned
ACP, who authorized the raid.
7. None of the arguments advanced on behalf of the accused/applicant
BAIL APPLN. 1289/2026 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569a
OF DELHI,CID - 7047638, postalCode=110003,
KATHPALIA
st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
Digitally Signed cn=GIRISH KATHPALIA
Date: 2026.04.02 18:04:03 -07'00'
By:RAHUL YADAV
Signing Date:02.04.2026
18:08:56
would satisfy the twin conditions stipulated under Section 37 of the NDPS
Act. There has to be an argument and material before the bail court, which
can satisfy the court that there are reasonable grounds for believing that the
accused is not guilty of the offence charged and that he is not likely to
commit any offence while on bail.
8. In my considered opinion, the case set up by the accused/applicant in
the present case fails at the anvil of twin conditions laid down under Section
37 NDPS Act, therefore, the bail application is dismissed. Accompanying
application stands disposed of.
9. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to the accused/applicant. Digitally signed by GIRISH KATHPALIA
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e2
6fa, cn=GIRISH KATHPALIA
Date: 2026.04.02 18:03:51 -07'00'
GIRISH KATHPALIA
(JUDGE)
APRIL 2, 2026/ry
BAIL APPLN. 1289/2026 Page 3 of 3 pages
