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Delhi High Court
Mariyam @ Salma Through Her Paroikar vs State (Nct Of Delhi) on 21 January, 2026
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.01.2026
+ BAIL APPLN. 266/2026
MARIYAM @ SALMA THROUGH HER PAROIKAR
.....Petitioner
Through: Mr. Arun Sharma and Mr. Sandeep
Tyagi, Advocates
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with SI Ajeet Singh, ANS/SE
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 284/2024 of
PS Hazrat Nizamuddin for offence under Section 20(b)(ii)(C)/29 NDPS Act.
2. The earlier bail application of the accused/applicant was dismissed by
the co-ordinate bench by way of elaborate order dated 02.12.2025. Copy of
the said order is Annexure-1 to this bail application.
3. On being called upon to address change in circumstances, if any,
which would entitle the accused/applicant move fresh bail application,
learned counsel for accused/applicant submits that there was no conscious
possession of the contraband with the accused/applicant and that subsequent
BAIL APPLICATION 266/2026 Page 1 of 2 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
cn=GIRISH KATHPALIA
Date: 2026.01.21 18:05:11 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:21.01.2026
18:09:13
to 02.12.2025, co-accused Sabir Ali has been granted bail by this Court.
4. So far as accused Sabir Ali is concerned, he was granted bail vide
order dated 09.01.2026 after elaborate discussion, mainly for the reason that
no legally admissible evidence at all against him was found. Accused Sabir
Ali was arrested on the basis of confessional statement of the present
accused/applicant and her co-accused Akash and nothing incriminating was
recovered from Sabir Ali. As regards the present accused/applicant, that is
not the case. The present accused/applicant was apprehended and arrested on
the spot by the raiding team while she, sitting pillion on the scooter of her
husband Akash was found transporting approximately 12kg ganja and on
the basis of their disclosure, 71.27kg ganja was recovered from their house.
5. So far as the argument of conscious possession, the same is not strong
enough to make inroads into the twin test mandated under Section 37 NDPS
Act. Even otherwise, this argument falls beyond the principle of change in
circumstances while considering the second bail application after dismissal
of the earlier one by detailed order.
6. Therefore, the bail application is dismissed.
7. Copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.21 18:04:58 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 21, 2026/as
BAIL APPLICATION 266/2026 Page 2 of 2 pages
