BAIL APPLN. 3122/2026 1 $~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010354562026 + BAIL APPLN. 3122/2026 RIZWAN .....Petitioner Through: Mr. Shan Ul Islam, Mr. S. Islam Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Priyanka Dalal, APP for the State with Insp. Satbir Singh, SI Amrita, PS Jaipur. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 05.08.2026 CRL.M.A. 23544/2026 (exemption) Exemption allowed subject to all just exceptions. BAIL APPLN. 3122/2026 1. Applicant seeks regular bail in case arising out of FIR No.407/2025 dated 16.07.2025, registered at P.S. Jait Pur, for commission of offences under Sections 20/29/61 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 2. As per the case of prosecution, on the basis of some secret information, raiding party was prepared and, on 15.07.2025, an auto rickshaw was intercepted. There were two passengers therein i.e. the applicant herein and his mother. Both of them were identified by the concerned secret informer and when after compliance of documentation and formalities, as prescribed 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 06/08/2026 at 11:40:16 BAIL APPLN. 3122/2026 2 under NDPS Act, they both were checked, there was recovery of ganja from them. As far as applicant is concerned, there is recovery of 10.060 kilogram of ganja from him whereas his mother was found in possession of commercial quantity of ganja i.e. 22.140 kilogram of ganja. 3. There are five accused in all. The accused persons have already been charged for committing offences under Section 20(c) read with Section 29 of NDPS Act and the case is already at the stage of trial. 4. Prosecution relies upon 23 witnesses and so far, no one has entered into witness box. 5. Learned counsel for applicant, while referring to Meena vs. State of NCT of Delhi: 2025 SCC OnLine Del 5247, Anita Vs. State (NCTD of Delhi: 2022 SCC OnLine Del 5130, Anita @ Kallo Vs. State (NCT of Delhi): 2023 SCC OnLine Del 4178, Smt. Sachala Nayak vs. State of NCT of Delhi, Bail Application No. 3351/2021 (DoD: 30.09.2021), Mohd. Farman vs. State Govt. of NCT of Delhi: 2023 SCC OnLine Del 5451 submits that, even if it is assumed that applicant and his mother were travelling together, in the peculiar facts and circumstances of the case, the separate recovery could not have been clubbed together, so as to make it a case of commercial quantity qua him as well. 6. Nominal Roll of the applicant has been requisitioned from the jail which shows that he does not have any case pending against him and his overall conduct is found to be satisfactory. 7. Apparently, the conscious recovery of the contraband in question from the applicant is intermediate in nature. 8. Keeping in mind the overall facts of the case, previous clean antecedents of the applicant, his young age and the fact that conscious recovery from the applicant herein is of intermediate quantity, albeit, without 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 06/08/2026 at 11:40:16 BAIL APPLN. 3122/2026 3 expressing any opinion over the merits of the case, the applicant is, hereby, admitted to bail on his furnishing personal bond and surety bond in a sum of Rs. 25,000/- with one surety each subject to the satisfaction of concerned learned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class with the following conditions:- (i) Surety shall be local. (ii) Applicant shall not try to contact any witness, directly or indirectly. (iii) Applicant shall furnish a mobile number to concerned IO on which he can be contacted, if required. Such number shall remain operational and functional. (iv) Residential address of the applicant shall be got verified, before releasing him on bail. 9. The application stands disposed of in aforesaid terms. 10. A copy of this order be sent to the concerned learned Trial Court and also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J AUGUST 5, 2026 st/js 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 06/08/2026 at 11:40:16 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 06/08/2026 at 11:40:16