BAIL APPLN. 1540/2026 1 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010167502026 + BAIL APPLN. 1540/2026 VINIT .....Petitioner Through: Mr. Himanshu Saxena, Advocate versus THE STATE OF NCT OF DELHI .....Respondent Through: Ms. Priyanka Dalal, APP for State with SI Parmod Kumar, Crime Branch, NDR CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 17.08.2026 1. Applicant seeks regular bail in case FIR No. 194/2024, registered at Police Station Crime Branch, Delhi for commission of offences under Sections 21(C)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter ‘NDPS Act’). 2. Earliest available information with the police was to the effect that a person from Nigeria, who was involved in smuggling of drugs, would be supplying contraband and if raided, he could be apprehended with huge quantity of cocaine. Based on the aforesaid information, a raiding party was prepared and a vehicle was found coming on 27.09.2024. 3. Such vehicle was intercepted and it was found being driven by applicant herein i.e. Vinit. A passenger i.e. Joshua Amarachukwa (a Nigerian National) was travelling in the aforesaid vehicle. Said co-accused was searched and from his physical possession, 257 grams of cocaine was recovered. 4. Fact, however, remains that there was no recovery of any narcotic substance from the possession of the applicant, as such. 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 18/08/2026 at 11:17:37 BAIL APPLN. 1540/2026 2 5. Charge-sheet has already been filed and charges have also been framed and the case is at the stage of trial. 6. Applicant herein has been charged for commission of offence under Section 29 of NDPS Act, being part of conspiracy. 7. According to learned counsel for applicant, applicant has been arrested merely on the basis of surmises and conjectures and unfounded presumption. Moreover, there is no recovery from his possession. It is also claimed that he was merely an Uber cab driver and had no knowledge that passenger, travelling in his cab, was carrying any contraband. It is also submitted that period of his incarceration is already of more than one year and nine months and he has clean antecedents and has no previous involvement of any nature whatsoever. He submits that since there is no likelihood of trial getting completed in near future and the invaluable right of the applicant of having speedy trial enshrined under Article 21 of Constitution of India has been seriously jeopardized and, therefore, the applicant deserves to be released on bail. It is argued that since there is no conscious possession, the recovery from his co-accused cannot be, ipso facto, fastened upon him. 8. According to learned Addl. P.P. for State, there are Call Detail Records (CDR) and chat messages which indicate that the applicant was in continuous touch with his co-accused. Fact, however, remains that when asked, whether any chat message was suggesting that applicant very well knew that contraband was being transported in his cab, learned Addl. P.P. for State, in all fairness, submitted that there is no specific chat as such but applicant’s talking to him on several occasions and at odd hours, in itself, is sufficient to reflect his guilty mind and a co-conspirator. 9. Undoubtedly, the possession may not always be physical or actual. At 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 18/08/2026 at 11:17:37 BAIL APPLN. 1540/2026 3 times, it can be inferred from bunch of circumstances. However, at the time, there has to be connecting and discernible link. Herein, there is, apparently, neither any control or dominion nor any animus. Merely because the cab of the applicant was booked by his co-accused on previous occasion would not mean and indicate that he had knowledge of such transportation of contraband. 10. Nominal Roll of the applicant has already been received from Jail which does not indicate any involvement of any nature whatsoever. Applicant is, reportedly, 26 years of age. 11. Keeping in mind the overall facts of the case and particularly the fact that there is no specific recovery from his conscious possession, applicant is, hereby, admitted to bail on his furnishing personal bond and surety bond in a sum of Rs. 25,000/- each subject to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class subject to the following conditions:- (a) Surety would be local. (b) Applicant shall appear before the learned Trial Court regularly on date(s) fixed. (c) The applicant/accused shall not leave NCR of Delhi, without permission of learned Trial Court. (d) The applicant/accused shall provide his mobile number to the investigating officer and shall keep the same operational all the time, till the disposal of the case. (e) Applicant shall not indulge in any unlawful and illegal activities in future. 12. Needless to say, the observations made hereinabove are tentative in nature and would not be taken as final expression over the merits. 13. The application stands disposed of in aforesaid terms. 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 18/08/2026 at 11:17:37 BAIL APPLN. 1540/2026 4 14. A copy of this order be sent to the concerned Court and also to the Jail Superintendent for necessary information and compliance. MANOJ JAIN, J AUGUST 17, 2026/dr/sa 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 18/08/2026 at 11:17:37