[Cites 4, Cited by 0]
Delhi High Court
Parveen vs The State Nct Of Delhi on 7 January, 2026
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07.01.2026
+ BAIL APPLN. 4675/2025 & CRL.M.A. 36044/2025
PARVEEN .....Petitioner
Through: Ms. Sakshi Sachedav and Ms.
Aayushi Gupta, Advocates
versus
THE STATE NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with SI Pawan Kumar, PS Prashant
Vihar and SI Prashant, PS North
Rohini
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 526/2025 of
PS Prashant Vihar for offence under Section 22/25/29 NDPS Act on the
allegation that by way of chance recovery, intermediate quantity of
Buprenorphine 2MG & Naloxone 0.5 MG Sublingual Tablets was found
being carried in a box kept on scooter being driven by the accused/applicant.
BAIL APPLICATION 4675/2025 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.07 17:42:44 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:07.01.2026
17:43:36
2. Learned counsel for accused/applicant submits that he has been
falsely implicated in this case and there is no previous involvement of the
accused/applicant in any offence. Further, learned counsel for
accused/applicant submits that even according to prosecution case, the
alleged recovery of the contraband took place on 18.08.2025, but the
contraband was sent to FSL much belatedly on 10.10.2025, for which there
is no explanation and this delay shows that prosecution case is a fabricated
one. It is also submitted by learned counsel for accused/applicant that the
rigours of Section 37 NDPS Act would not apply in the present case. In
support of her submissions, learned counsel for accused/applicant also
places reliance on the judgment in the case of Alisher vs The State
Government of NCT of Delhi, 2025:DHC:3173, and another case in which
I had the occasion to deal with a similar situation pertaining to intermediate
quantity.
3. Learned APP for State submits that the delay in sending the
contraband to FSL occurred because of time taken by the learned magistrate
in dealing with their application dated 22.08.2025.
4. As regards time taken in sending the contraband to FSL, in the present
case it is not a matter of mere non-compliance with the statutory provisions.
This delay is pointed out by learned counsel for accused/applicant raising
suspicion against truthfulness of the prosecution case.
5. So far as the magisterial permission is concerned, the same on the
application dated 22.08.2025 of the IO was admittedly granted on
BAIL APPLICATION 4675/2025 Page 2 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
Digitally Signed f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.07 17:42:34 -08'00'
By:NEETU N NAIR
Signing Date:07.01.2026
17:43:36
02.09.2025. But the contraband was sent to FSL on 10.10.2025, for which
delay there is no explanation at all. Further, in the chargesheet, the IO has
not even filed copies of Register No. 19 in order to show the deposit of the
contraband in malkhana and taking out of the same, which would be vital in
the present circumstances of delay in sending the contraband to FSL.
6. Considering the above circumstances, the bail application is allowed
and accused/applicant is directed to be released on bail subject to his
furnishing a personal bond in the sum of Rs.10,000/- with one surety in the
like amount to the satisfaction of the Trial Court. Accompanying application
stands also disposed of.
7. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
8. It is made clear that nothing recorded in this order shall affect the
final outcome of the trial.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.07 17:42:24 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 7, 2026/as
BAIL APPLICATION 4675/2025 Page 3 of 3 pages
