BAIL APPLN. 753/2026 1 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010066182026 + BAIL APPLN. 753/2026 MANJINDER SINGH .....Petitioner Through: Mr. Sumer Singh Boparai, Mr.Abhilash Kr. Pathak, Mr. Surya Pratap Singh, Mr. Sirhaan Seth, Mr. Shubham Raj Anand, Mr. Ankit Rana and Mr. Tushar Tyagi, Advocates. versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Ms. Priyanka Dalal, APP for the State with ASI Sanwar, PS Crime Branch. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 01.09.2026 1. Applicant seeks regular bail in case arising out of FIR No.36/2025 dated 10.02.2025, registered at P.S. Crime Branch, for commission of offence under Section 21(c) of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. 2. When the bail application was taken up by this Court on 08.07.2026, the following observations were made:- “2. Learned counsel for the applicant submits that during investigation, the police had reached one Varinder @ Sonu, who disclosed the name of the supplier of the contraband as Ravi and Parminder. On the basis of such information coming from co-accused, the police team had, allegedly, gone to Punjab in search of such suppliers. 3. As per the prosecution story, at the relevant time, accused-Ravi was found driving a motorcycle and Manjinder Singh (applicant herein) was on a pillion seat. When they both were individually searched, negligible quantity of heroin was found from the possession of the applicant-Manjinder Singh. However, when the abovesaid motorcycle was searched, it resulted in recovery of 130 grams of contraband which is 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 02/09/2026 at 10:32:57 BAIL APPLN. 753/2026 2 suspected to the heroin. 4. He submits that even as per the admitted case of the prosecution, Manjinder Singh is, merely, an employee of the father of his co-accused Ravi Sher Singh and has nothing to do with the abovesaid recovery of 130 grams of heroin which was, allegedly, concealed in the abovesaid motorcycle. He is not even the owner of such motorcycle and was not aware of presence of any contraband therein. 5. He submits that, therefore, the abovesaid recovery cannot be fastened upon him.” 3. The relevant Seizure Memo has been placed on record and as per Seizure Memo dated 24.03.2025, the police team had intercepted one motorcycle, which was being driven by accused Ravi Sher Singh at the relevant time. Applicant herein i.e. Manjinder Singh was on the pillion seat. When the abovesaid motorcycle was searched, 130 gms of contraband was recovered from such motorcycle. Admittedly, applicant herein is not the owner of the abovesaid motorcycle though, the abovesaid contraband has been fastened upon both of the abovesaid persons i.e. Ravi Sher Singh and Manjinder Singh. 4. Fact remains that personal search of Manjinder Singh was also carried out and during such search, one silver foil (puria) was recovered from his wearing jeans but it was containing insignificant quantity of contraband, suspected to be heroine and when it was weighed with the help of electronic weighing machine, its weight even could not be recorded. Reference in this regard be made to Seizure Memo dated 24.03.2025. 5. The applicant claims that he was working as an employee of Baldev Singh, father of co-accused Ravi Sher Singh and that he had no knowledge about any such contraband being carried by his co-accused by concealing the same in motorcycle. 6. The chain in question is, undoubtedly, a long one as, initially, 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 02/09/2026 at 10:32:57 BAIL APPLN. 753/2026 3 police had received secret information regarding one Faheem, who was, reportedly, indulging in illegal trafficking of drugs. He was apprehended on 10.02.2025 and from his possession, 996 gms heroine was recovered. Thereafter, one Shazia Peer was arrested but from her possession, nothing was recovered. She is, reportedly, on bail. Thereafter, the police arrested Javed, who was servant of Shazia Peer and from his possession also, nothing was recovered. Such Javed is also on bail. The investigation was further carried forward to Parminder Singh @ Pappu @ Harry, Salwinder Singh, Sarabjit Singh and Varinder @ Sonu. The applicant herein came to be arrested on 24.03.2025 on the basis of disclosure made by co-accused Varinder @ Sonu. 7. During course of the arguments, learned counsel for the applicant has shown the last order-sheet dated 27.08.2025, passed by the learned Trial Court whereby the learned Trial Court had directed issuance of summons to the concerned Process Server, who had executed proclamation under Section 84 BNSS qua accused Jasvinder @ Sunny and Ravjot Singh Panesar @ Ravi. Charges have yet not been ascertained and the period of incarceration, as already noticed above, is beyond 1½ years. 8. Undoubtedly, the possession may not always be physical or actual. At times, it can be inferred from bunch of circumstances. However, there has to be connecting and discernible link indicating knowledge, control or dominion over the contraband. In the present case, prima facie, no such link is discernible. The applicant is, admittedly, not the owner of the motorcycle in question from which the contraband was recovered and from his personal search, insignificant quantity of suspected heroin was recovered, the weight whereof could not even be recorded. His arrest is based on disclosure 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 02/09/2026 at 10:32:57 BAIL APPLN. 753/2026 4 statement of co-accused Varinder @ Sonu and, mere fact that he was travelling as a pillion rider on the said motorcycle may not, by itself, be sufficient to infer conscious possession or knowledge of the contraband. 9. Keeping in mind the overall circumstances and the fact that there is no specific recovery from his conscious possession, albeit, without expressing any opinion over the merits of the case, applicant is, hereby, admitted to bail on his furnishing personal bond in a sum of Rs. 50,000/- with one surety of the like amount 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 provide his mobile number to the investigating officer and shall keep the same operational all the time, till the disposal of the case. (d) Applicant shall not indulge in any unlawful and illegal activities in future. 10. It is, however, clarified that since the applicant is stated to be part of the conspiracy, such aspect is left open for due consideration by the learned Trial Court at the stage of framing of charges. Needless to say, the observations made hereinabove are tentative in nature and would not be taken as final expression over the merits of the case and would not prejudice the mind of the learned Trial Court while ascertaining charges. 11. The application stands disposed of in aforesaid terms. MANOJ JAIN, J SEPTEMBER 1, 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 02/09/2026 at 10:32:57 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 02/09/2026 at 10:32:57