$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010256572026 + BAIL APPLN. 2147/2026 VENKATESH NAGARATNAM .....Petitioner Through: Mr. Nitin Saluja, Adv. (DHCLSC), Mr. Gaurav Vardhan and Ms. Raksha Tripathy, Advs. versus DIRECTORATE OF REVENUE INTELEGENCE .....Respondent Through: Mr. Satish Aggarwala, SSC with Ms. Mala Sharma, SPP, and Mr. Gagan Vaswani, Adv. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 02.09.2026 1. This hearing has been done through hybrid mode. 2. By way of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), the Applicant seeks grant of regular bail in connection with FIR No. DRI/HQ-GI/338/XVIII/ENQ-5/INT-NIL/2023 registered by the Directorate of Revenue Intelligence (DRI) under Sections 21(c) and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), during the pendency of the trial. 3. Learned counsel for the Applicant submits that the Applicant is a senior citizen, presently aged about 70 years, with no criminal antecedents, and has remained in judicial custody since 22.04.2023. It is submitted that the Applicant himself is a victim of a cyber fraud perpetrated by certain foreign 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 07/09/2026 at 11:27:25 nationals, who induced him to travel to Malawi on the pretext of facilitating the release of a substantial sum of money. 4. Learned counsel for the Applicant submits that the Applicant was informed by the said foreign nationals that an amount had been sanctioned in his favour and that all expenses relating to his travel would be borne by them. It is submitted that, while returning from Malawi, the Applicant was handed over a trolley bag by a taxi driver, pursuant to the instructions of the said persons. The Applicant checked the bag and found clothes and personal belongings therein and, having no knowledge of the concealed contraband, brought the bag with him to India. 5. Learned counsel for the Applicant further submits that the alleged contraband was not recovered from the person of the Applicant but from a concealed cavity in the inner walls of the trolley bag, which could be detected only after the bag was dismantled by removing screws and internal layers. It is submitted that the nature of the concealment itself demonstrates that the Applicant could not have had knowledge of the contents of the bag. 6. Learned counsel for the Applicant submits that there are 34 witnesses cited by the prosecution, out of whom only six witnesses have been examined so far. It is, therefore, submitted that the trial is likely to take considerable time to conclude and the Applicant has already undergone approximately three years of incarceration. 7. Per contra, learned counsel appearing for the Respondent submits that, except for the plea of lack of knowledge, the Applicant has admitted the material circumstances relating to the alleged recovery. It is submitted that the Applicant was found carrying the trolley bag containing 5.987 kg of heroin. 8. Learned counsel appearing for the Respondent further submits that 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 07/09/2026 at 11:27:25 charges have already been framed against the Applicant and the order framing charge has not been challenged till date. It is submitted that, at this stage, this Court is required to consider whether a prima facie case is made out against the Applicant, which, in the present case, is clearly established from the material on record. 9. It is further submitted that, in view of the commercial quantity of the contraband allegedly recovered from the Applicant, the rigours of Sections 35 and 37 of the NDPS Act would apply. It is, therefore, submitted that the Applicant does not satisfy the statutory requirements for grant of bail. 10. The Court has heard the learned counsel for the parties and perused the material on record. 11. The Applicant was intercepted at the Indira Gandhi International Airport while travelling to India and was allegedly found carrying a trolley bag containing 5.987 kg of heroin. The defence of the Applicant is that the said bag had been handed over to him by a taxi driver in Malawi at the instance of certain foreign nationals and that he had no knowledge of the contraband concealed therein. 12. At this stage, while considering the prayer for grant of regular bail, this Court is required to consider the material on record and the prima facie case against the Applicant. The question as to whether the Applicant was in conscious possession of the contraband, and whether the explanation furnished by him is ultimately liable to be accepted, would require appreciation of evidence and is a matter to be considered at the stage of trial. 13. In the present case, the Applicant was allegedly found in possession of 5.987 kg of heroin, which is a commercial quantity. Charges have already been framed against him and the order framing charge has not been assailed 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 07/09/2026 at 11:27:25 before this Court. Having regard to the nature and quantity of the contraband allegedly recovered, the material available on record and the statutory rigours of Section 37 of the NDPS Act, this Court is not satisfied that the requisite conditions for grant of bail are made out at this stage. 14. The fact that the Applicant has been in custody for approximately three years and that only six out of the 34 prosecution witnesses have been examined has also been considered. However, in the facts and circumstances of the present case, the said circumstance, by itself, would not warrant grant of bail at this stage, particularly having regard to the nature and quantity of the contraband allegedly recovered and the statutory requirements under Section 37 of the NDPS Act. 15. Accordingly, the present application is dismissed. Pending application(s), if any, also stand(s) disposed of. 16. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 2, 2026/b/P 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 07/09/2026 at 11:27:25