Extracted from the PDF above. The PDF is authoritative.
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1776/2026
RAIMA
.....Applicant
Through: Mr. Rajan Kumar Prasad, Adv.
versus
THE STATE OF NCT OF DELHI
.....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with Mr. Aditya Vikram Singh, Adv. alongwith SI Naveen Kumar, PS Mehrauli
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
13.07.2026
1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of regular bail in proceedings arising out of FIR No.728/2025 dated 15.11.2025 registered at PS: Mehrauli under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
2. A copy of the Status Report has been handed over in Court and the same is taken on record.
3. As per facts, acting on an intimation, after due compliance in terms of the NDPS Act, the raiding team recovered thirty-four (34) grams of smack (contraband) from the kitchen rack of the house of the applicant. Pursuant thereto, the present FIR was registered. Thence, during the course of investigation the said contraband was sent for examination, which confirmed that the contents thereof was/ is smack.
4. In the proceedings before the learned Trial Court, the charge-sheet has already been filed and charges have also been framed under Section 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 15/07/2026 at 11:34:28
21(b) of the NDPS Act and currently the matter is at the stage of prosecution evidence.
5. It under this factual backdrop, that this Court has heard the learned counsel for the applicant as also the learned APP.
6.
Learned counsel for applicant submits that there is a non- compliance of Section 50 of the NDPS Act as the applicant being an illiterate person, has not been made aware of her legal rights. He also submits that there is a blatant violation of Section 52A of the NDPS Act as well, since there was a delay in sending the sample of the contraband for examination, which as per him gives rise to the possibility of tampering.
7. Considering that the above, as per trite law laid down by the Hon’ble Supreme Court in Shobha Namdev Sonavane vs. Samadhan Bajirao Sonvane & Ors.: 2026 INSC 181, the said contentions are matters of trial, they ought not be adverted to at this stage while considering this application for grant of regular bail.
8.
Facts also reveal that there has been recovery of 34 grams of smack from the house of the applicant, and as per the Nominal Roll, she was already involved in another FIR being FIR No.332/ 2025 registered under Section 21/29 of the NDPS Act itself at the time of registration of the present FIR.
9. Accordingly, 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 13, 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 15/07/2026 at 11:34:28