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2026 DAILYLAW 15200 (DEL)

HEENA v. THE STATE OF NCT OF DELHI

BAIL APPLN./1870/2026 · 2026-08-10

Saurabh Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010212212026 + BAIL APPLN. 1870/2026 HEENA .....Applicant Through: Mr. Vaibhav Kumar, Adv. versus THE STATE OF NCT OF DELHI .....Respondent Through: Ms. Meenakshi Dahiya, APP with Mr. Aditya Vikram Singh, Adv. with SI Ritika Dhiwan, PS: Chanakyapuri CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 10.08.2026 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.132/2025 dated 15.11.2025 registered at PS: Chanakyapuri under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 2. Broadly speaking, as per prosecution on 15.11.2025 at about 06:55 PM, the applicant was apprehended from Sanjay Camp, Chanakyapuri on suspicion. Upon her cursory personal search, a transparent polythene packet containing 20 grams of light pink powder was recovered, which, after testing was confirmed to be ‘diacetylmorphine’/ Heroin alongwith other narcotic constituents. The applicant was thereafter arrested on 16.11.2025. 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 12/08/2026 at 10:51:59 3. In these facts, this Court has heard learned counsel for the applicant as also learned APP and gone through the materials on record, including the Status Report handed over by the learned APP, which is also taken on record. 4. As borne out from the facts herein, since only an intermediate quantity of 20 grams of Heroin, which is below the notified commercial quantity of 250 grams thereof has been recovered from the applicant, the rigours of Section 37 of the NDPS Act are not applicable. Further, the applicant herein has been facing incarceration since 16.11.2025, and as per the Nominal Roll, her overall conduct inside jail has been ‘Satisfactory’. Moreover, though the Charge Sheet has been filed, and the charges have also been framed, the evidence is yet to commence before the learned Trial Court. In addition thereto, as per learned counsel for applicant, applicant is the sole care taker of her 13-year-old child and the applicant is also suffering from tuberculosis. 5. Lastly, though learned APP contends that the applicant is involved in two more FIRs, registered under the Delhi Excise Act, however, taking a holistic view of the surrounding circumstances, including all the above factors, as also since the applicant has already been granted bail therein, the applicant is able to make out a case for grant of regular bail. 6. Accordingly, the present application is allowed and the applicant be released on regular bail in FIR No.132/2025 dated 15.11.2025 registered at PS: Chanakyapuri under Section 21 of the NDPS Act, subject to her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one surety of the like amount by a family member/ friend having no criminal case pending against him/ her and 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 12/08/2026 at 10:51:59 subject to the satisfaction of the concerned Jail Superintendent, and further subject to the following conditions: i. The applicant shall not leave the country without prior permission of this Court and shall ordinarily reside at the address provided in the Trial Court record and in case of any change in the residential/ permanent address/ contact details/ phone number, the applicant shall inform the same to the IO concerned. ii. Applicant shall surrender her Passport, if any, to the IO concerned within three days of her release and shall join and participate in the investigation as and when called by the IO. iii. Applicant shall provide all her mobile numbers to the IO concerned which shall be kept in working condition at all times. iv. Applicant shall also appear before the Court as and when the matter is taken up for hearing. v. Applicant shall not indulge in any criminal activity and shall not contact any of the prosecution witnesses, or tamper with the evidence of the case. 7. A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance forthwith. 8. 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 AUGUST 10, 2026/So 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 12/08/2026 at 10:51:59