$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1556/2026 KALA .....Applicant Through: Mr. Hirein Sharma and Mr. Vimal Tyagi, Advs. versus STATE NCT OF DELHI .....Respondent Through: Mr. Satish Kumar, APP for the State with Insp. Rahul Kumar CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 09.07.2026 1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks grant of regular bail in FIR No.126/2025 dated 15.04.2025 registered at PS: Special Cell, Delhi under Sections 18/20/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 2. As per facts, acting upon a secret information received on 15.04.2025, the raiding team reached the spot and after due compliance under the NDPS Act, arrested two co-accused persons as they were found with 5.122 Kgs. of Opium and 3.537 Kgs of Charas. This led to registration of the present FIR. Subsequently, during investigation, the co- accused person disclosed that he is involved in the trade of supply of contraband since long, whereby currently, his two associates, including the applicant herein had gone to collect another consignment of contraband from Nepal. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:09:40 3. Thereafter on 18.04.2025, on the basis of a secret information, the said associates, including the applicant were caught and searched as per the NDPS Act, whereby 1.022 Kgs. of Opium was recovered from the applicant and 0.857 Kgs. of Opium was recovered from the other co- accused person. Pursuant whereto the co-accused persons were arrested. 4. The charge-sheet has since been filed and the matter is currently at the stage of prosecution evidence before the learned Trial Court. 5. It is under these facts and circumstances that this Court has heard the learned counsel for the applicant as also the learned APP. 6. As borne from the above, there has been a recovery of 1.022 Kgs. of Opium from the applicant and he has been arrested based on a disclosure statement of the co-accused person. Also, the Call Detail Records (CDRs) of as many as 208 phone calls inter se the applicant and the said co- accused person reflect that they were constantly in touch between the period 18.02.2025 to 09.04.2025. Since both the applicant and another co- accused person were arrested together, the total quantity can be clubbed together. Moreover, the facts are part of a large drug syndicate. Hence, the aforesaid cumulatively evinces a criminal conspiracy under Section 29 of the NDPS Act. 7. Ergo, in view of the judgment rendered by the Hon’ble Apex Court in Amar Singh Ramji Bhai Barot v. State of Gujarat: (2005) 7 SCC 550, the rigorous of Section 37 of the NDPS Act are applicable to the factual matrix of the present case and the intermediate quantities can be clubbed so as to make the recovery under “commercial quantity”. 8. Lastly, although the co-accused person, who was arrested along the applicant herein has already been granted bail, the applicant cannot be This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:09:40 released on bail on the ground of parity as the applicant herein has prior antecedents as he was involved in another FIR under the NDPS Act itself in the year 2022. 9. Taking the aforesaid factors cumulatively, particularly, since they cannot be discredited at this stage, the present application is dismissed. 10. Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved. SAURABH BANERJEE, J JULY 9, 2026/rr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:09:40