BAIL APPLN. 1454/2026 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1454/2026 & CRL.M.A. 11529/2026 AJIDUL HAQUE .....Petitioner Through: Mr. Pramod Kumar, Mr. Ajay Kumar Yadav, Ms. Kanti Tiwari, Mr. Hemraj Tewatia, Mr. Rupinder Walia, Advocates versus THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP SI Sunil. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 13.07.2026 1. By way of this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks grant of anticipatory bail in connection with FIR No. 34/2026 dated 05.02.2026 registered at P.S. Sector-23, Dwarka under Sections 8/20/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [“NDPS Act”]. 2. By order dated 16.04.2026, the petitioner was granted interim protection from arrest, subject to joining the investigation. The said order records as follows: “3. The applicant had earlier preferred an application for anticipatory bail before the learned Trial Court, which came to be dismissed by order dated 07.04.2026. Before the learned Trial Court, the prosecution had filed a status report, a copy of which is on record. A perusal of the said status report indicates that the present case pertains to the recovery of ganja from two co-accused, namely Mantun Kumar and Zakir Hussain, who were intercepted on 05.02.2026 pursuant to secret information. Upon their interception, a recovery of 7.227 kgs of ganja was recovered from Mantun Kumar and 6.169 kgs from Zakir Hussain. In a disclosure statement of co-accused Zakir 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 11:34:24 BAIL APPLN. 1454/2026 Hussain, made while he was in police custody, he alleged that the applicant herein has been arrayed as an accused on the basis of this statement was the supplier of the contraband. The prosecution further relies upon the call detail record [“CDR”] connectivity between the applicant and co-accused Zakir Hussain. xxx xxx xxx 7. At the outset, it may be noted that the present case involves recovery of less than 20 kgs of ganja, inasmuch as 7.227 kgs was recovered from Mantun Kumar and 6.169 kgs from Zakir Hussain, totalling 13.396 kgs. The recovery thus fall within the category of intermediate quantity. Consequently, the rigours of Section 37 of the NDPS Act, which are attracted only in cases involving commercial quantity of contraband, are not applicable to the present case. 8. While considering the case of co-accused Kaijar Rehman, this Court noted that co-accused Zakir Hussain had also disclosed his name as the supplier of ganja. However, in the absence of any mobile connectivity, financial transactions, or other corroborative material, the said co-accused was granted interim protection, subject to his joining the investigation. 9. In the present case, the only distinguishing factor is the alleged mobile connectivity between the applicant and Zakir Hussain. In this regard, it is noted that there are no call recordings or any other material on record to establish the contents of the alleged conversations, which would, in any event, be a matter for trial. At this stage, the explanation offered on behalf of the applicant – that he and Zakir Hussain were neighbours and engaged in the same occupation – cannot be said to be so implausible as to warrant outright rejection. 10. There is no material on record evidencing any financial transactions that would support the allegation that the applicant was the supplier of contraband to co-accused Zakir Hussain. 11. Significantly, co-accused Zakir Hussain has himself been granted regular bail, despite the recovery having been effected from him, and as noted above, the present applicant has been arrayed as an accused solely on the basis of his disclosure statement. 12. Having regard to the aforesaid circumstances, particularly the fact that co-accused Zakir Hussain has been granted regular bail and that the present case does not involve a commercial quantity of contraband, I consider it appropriate to grant interim protection to the applicant, subject to his joining the investigation and cooperating with the investigating authorities. The applicant is directed to report to the Investigating Officer tomorrow, i.e. on 17.04.2026, at 04:00 PM, and thereafter as and when required, and to fully cooperate with the 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 11:34:24 BAIL APPLN. 1454/2026 investigation. 13. In terms of the aforesaid directions, the applicant shall not be arrested in connection with the subject FIR until the next date of hearing before this Court.” 3. Mr. Yudhvir Singh Chauhan, learned Additional Public Prosecutor for the State, states, upon instructions from the Investigating Officer [“IO”], that pursuant to the said order, the petitioner has joined investigation. No recovery has been effected from him, including any contraband, and no evidence of any financial dealings between the petitioner and co-accused has been unearthed. Mr. Chauhan states that although there is Call Detail Record [“CDR”] connectivity between the petitioner and Kaijar Rehman, no other material has come to light against the petitioner. 4. As noted in the order dated 16.04.2026, the present case is one of intermediate quantity of Ganja being recovered from two co-accused, thus rendering Section 37 of the NDPS Act inapplicable. There has been no recovery from the petitioner, however the petitioner has been named in the disclosure statement of co-accused Zakir Hussain as the source of Ganja. The prosecution relies only upon CDR connectivity between the petitioner and Zakir Hussain, without any evidence to establish the contents of the calls. The Court, therefore, accepts the petitioner’s explanation at this stage that, he and Zakir Hussain were neighbours, and engaged in the same occupation. 5. Further, co-accused Kaijar Rehman, whose position is substantially similar to the petitioner, has already been granted regular bail. The petitioner has joined investigation pursuant to the order dated 16.04.2026, and no further corroborative material has been disclosed. 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 11:34:24 BAIL APPLN. 1454/2026 6. In these circumstances, the petition is disposed of, with the direction that, in the event of arrest in connection with FIR No. 34/2026, dated 05.02.2026, registered at P.S. Sector-23, Dwarka under Sections 8/20/25/29, the petitioner will be released on bail subject to furnishing a personal bond in the sum of Rs. 25,000/-, and one surety in the like amount, to the satisfaction of the IO/Station House Officer [“SHO”], and subject to the following conditions: a. The petitioner will report to the IO on each and every occasion, as required by the IO, and will cooperate in the investigation. b. The petitioner will furnish his mobile number to the IO, and shall keep the said mobile phone running and always switched on. The mobile number shall not be changed or switched off without prior intimation to the IO. c. The petitioner will give his residential address to the IO, and will not change his residential address without prior intimation to the IO. d. The petitioner shall not commit any offence during pendency of these proceedings. 7. The bail application, alongwith pending application, is disposed of. 8. It is clarified that the observations made herein are solely for the purpose of adjudication of the present bail application and shall not be construed as an expression of opinion on the merits of the case, nor shall they prejudice the rights and contentions of the parties at any stage of the proceedings. PRATEEK JALAN, J JULY 13, 2026/SS/AD/ 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 11:34:24