[Cites 2, Cited by 0]
Delhi High Court
Ishwar vs State Nct Of Delhi on 23 March, 2026
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23.03.2026
+ BAIL APPLN. 4288/2025
ISHWAR .....Petitioner
Through: Mr. Aditya Aggarwal and Mr. Naveen
Panwar, Advocates.
versus
STATE .....Respondent
Through: Mr. Amit Ahlawat, APP for State.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 164/2022 of
PS Vasant Kunj South for offence under Section 20/25 NDPS Act.
2. Broadly speaking, allegation against the accused/applicant is that he
was initially arrested in another case, bearing FIR No. 33/2016 on the
allegation of recovery of 1060 kg ganja from him but he jumped bail and by
way of chance recovery, once again 109.7 kg ganja was recovered from him
leading to the present FIR. The FSL has confirmed the contraband allegedly
recovered from the accused/applicant to be ganja.
BAIL APPLICATION 4288/2025 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e26
fa, cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.03.23 18:01:18 -07'00'
By:DIKSHA RAWAT
Signing Date:23.03.2026
18:16:21
3. In his earlier filed bail application (Bail Application 1264/2025), by
way of order dated 08.08.2025 of this bench, the accused/applicant opted to
confine himself to grant of bail only on the ground of delay in trial, but since
he could not obtained certified copies of the ordersheets of trial court to
show delay, that application (bail application 1264/2025) was sought and
allowed to be withdrawn with liberty to file fresh bail application before the
trial court.
4. Today, in the present bail application, initially learned counsel for
accused/applicant contended that the allegedly recovered contraband cannot
be treated to be ganja because there is no mention of flowering or fruiting
tops. But on being pointed out about FSL report which found the contraband
to be ganja, learned counsel for accused/applicant contended that since the
recovered contraband contained leaves and seeds also, the quantity of the
recovered contraband cannot be said to be commercial quantity with
certainty. It is also argued that in the Malkhana Register of the police
station, there is no entry reflecting movement of the contraband from police
station to the learned magistrate and back.
5. Learned APP strongly opposes the bail application contending that all
these arguments were taken up on 08.08.2025 but, thereafter counsel for the
accused/applicant had opted to confine himself to the ground of delay in
trial.
BAIL APPLICATION 4288/2025 Page 2 of 4 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
Digitally Signed 15570996b40f80cbd2eee60402c487965ff
801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.23 18:01:07 -07'00'
By:DIKSHA RAWAT
Signing Date:23.03.2026
18:16:21
6. In view of the above arguments, learned counsel for accused/applicant
has taken me through the copies of the ordersheets of the trial court annexed
as Annexure P-26 to the application.
7. But complete copies of ordersheets have not been filed. Ordersheets
of the trial court after 10.12.2025 have not been filed. The trial court
ordersheets till 10.12.2025 have been examined by me. It has been observed
by the learned trial court in those ordersheets that 30 time bound matters are
pending in that court in which trial has to be completed within a span of 03
to 09 months, but despite that, each date was effective except one date
(28.07.2025) when three police officials had to be discharged unexamined
because no time was left with the court. Considering the said ordersheets, I
am unable to agree with the submission of learned counsel for
accused/applicant that there is an undue delay in trial which would entitle
the accused/applicant to be released on bail.
8. Further, it cannot be ignored that the accused/applicant was arrested
in this case as a matter of chance recovery while he had already jumped bail
in FIR No. 33/2016. In addition to these two cases, the accused/applicant is
also involved in FIR No. 215/2016 of PS Kosi Kalan, Mathura for recovery
of more than 90 kg ganja. As regards, FIR No. 215/2016, learned counsel
for accused/applicant submits that he has no knowledge of the said case.
9. Considering the above circumstance, I do not find it a fit case to
release the accused/applicant on bail. The bail application is dismissed.
BAIL APPLICATION 4288/2025 Page 3 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
962c6fb4835d435f97626cacca, ou=HIGH COURT OF
DELHI,CID - 7047638, postalCode=110003, st=Delhi,
KATHPALIA
serialNumber=d3e86796451ec45c07b5d15570996b
40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH
Digitally Signed KATHPALIA
Date: 2026.03.23 18:00:56 -07'00'
By:DIKSHA RAWAT
Signing Date:23.03.2026
18:16:21
10. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to the accused/applicant.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.03.23 18:00:26 -07'00'
GIRISH KATHPALIA
(JUDGE)
MARCH 23, 2026/ry
BAIL APPLICATION 4288/2025 Page 4 of 4 pages
