BAIL APPLN. 3466/2026 & CRL.M.C. 6613/2026 $~102 & 103 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010393182026 + BAIL APPLN. 3466/2026 RICHA NAYYAR @ RUPALI .....Petitioner Through: Mr. L.S. Solanki, Ms. Archna Jain and Mr. Narender Singh, Advs. versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP, with Mr. Vijay Gupta and Mr. Akash Kumar, Advs. Insp. Rizwal, PS Cyber East Delhi. ~103 # CNR No. DLHC010421702026 + CRL.M.C. 6613/2026 & CRL.M.A. 28507/2026 RICHA NAYYAR ALIAS RUPALI .....Petitioner Through: Mr. L.S. Solanki, Ms. Archna Jain and Mr. Narender Singh, Advs. versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Manoj Pant, APP, with Mr. Vijay Gupta and Mr. Akash Kumar, Advs. Insp. Rizwal, PS Cyber East Delhi. CORAM: HON’BLE MS. JUSTICE MADHU JAIN O R D E R % 16.09.2026 1. This hearing has been conducted through hybrid mode. 2. The BAIL APPLN. 3466/2026 has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 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 17/09/2026 at 11:29:36 BAIL APPLN. 3466/2026 & CRL.M.C. 6613/2026 ‘BNSS’), seeking grant of anticipatory bail to the petitioner in the event of her arrest in FIR No. 69/2026 registered at Police Station Preet Vihar, Delhi, for offences punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’). 3. The connected petition, being CRL.M.C. 6613/2026, has been filed under Section 528 of the BNSS seeking setting aside/quashing of the order dated 01.09.2026 passed by the learned Special Judge, NDPS, Karkardooma Courts, Delhi, in the application seeking recall/stay of the non-bailable warrants issued against the petitioner in the aforesaid FIR. 4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and no contraband has been recovered from her possession, residence or at her instance. The recovery of 7.58 grams of MDMA was effected from co-accused Mohd. Hasan and cannot, by itself, be attributed to the petitioner. 5. It is further submitted that the petitioner's implication is primarily based on a subsequent disclosure statement of co-accused Razia, whereas her first disclosure dated 29.03.2026 did not name the petitioner. There is no independent recovery or contemporaneous material connecting the petitioner with the contraband. The financial transactions relied upon by the prosecution, according to learned counsel, do not establish any nexus with illicit trafficking or financing under Section 27A of the NDPS Act. 6. Learned counsel for the petitioner submits that the order dated 20.07.2026 passed in the anticipatory bail application of the petitioner's husband cannot be treated as a finding against the petitioner, as the said order was based on circumstances specifically attributable to the husband. It is also submitted that custodial interrogation is not indispensable, the relevant 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 17/09/2026 at 11:29:36 BAIL APPLN. 3466/2026 & CRL.M.C. 6613/2026 financial material is documentary/electronic in nature, and the petitioner is willing to join investigation and abide by stringent conditions. 7. Learned counsel for the petitioner further seeks setting aside of the non- bailable warrants issued against the petitioner and submits that the same cannot be used as a substitute for custodial interrogation, particularly when no specific recovery or discovery has been identified as being required from the petitioner. It is submitted that there is no recovery from the petitioner and the original recovery was effected from co-accused Mohd. Hasan. 8. Learned counsel further submits that the petitioner was not named in the first disclosure statement of co-accused Razia dated 29.03.2026 and her name surfaced only subsequently. It is also submitted that the financial transactions relied upon by the prosecution have a specific explanation as kitty-related transactions, and no particular transaction has been identified as payment towards narcotics. 9. Per Contra, Learned APP for the State opposes the application and submits that the petitioner’s involvement is not based merely on the disclosure statement of co-accused Razia, but is independently corroborated by the financial transactions between their bank accounts, which prima facie indicate financing of illicit trafficking and attract Section 27A of the NDPS Act. 10. It is further submitted that the petitioner’s explanation of the transactions as “kitty committee” payments is an afterthought and unsupported by contemporaneous documentary evidence. The petitioner has also failed to cooperate with the investigation despite repeated notices and opportunities and has made contradictory averments regarding her appearance before the Investigating Officer. 11. Learned APP submits that custodial interrogation is necessary to trace 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 17/09/2026 at 11:29:36 BAIL APPLN. 3466/2026 & CRL.M.C. 6613/2026 the money trail, confront the petitioner with the financial and electronic evidence, recover relevant material and ascertain the larger conspiracy. It is further submitted that the anticipatory bail application of the petitioner’s husband was dismissed vide order dated 20.07.2026 and that a subsequent FIR under the BNS has also been registered against the petitioner and her husband. In view of the gravity of the offences and the ongoing investigation, the petitioner is not entitled to anticipatory bail. 12. The court has heard the parties and perused the material on record 13. The absence of recovery of contraband from the petitioner or the fact that she was not named in the FIR cannot, at this stage, be considered in isolation, particularly when the allegation against her is of financing illicit trafficking under Section 27A of the NDPS Act. The defence contention regarding the earlier disclosure of Razia and the explanation of the financial transactions would require examination in the light of the entire material collected during investigation. 14. The prosecution has further placed on record that the petitioner did not join the investigation despite opportunities and that custodial interrogation is sought for confronting her with the financial and electronic material, tracing the source and utilisation of funds and ascertaining the larger money trail and conspiracy. These aspects assume relevance at the present stage, when the investigation is stated to be continuing. 15. As regards the challenge to the non-bailable warrants, the same cannot be examined independently of the petitioner's conduct in joining the investigation and the circumstances in which the warrants came to be issued. The material placed before this Court does not, at this stage, warrant interference with the order dated 01.09.2026 passed by the learned Special 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 17/09/2026 at 11:29:36 BAIL APPLN. 3466/2026 & CRL.M.C. 6613/2026 Judge. 16. In view of the nature of allegations, the material relied upon by the prosecution, the stage of investigation and the alleged non-cooperation of the petitioner, no ground is made out for grant of anticipatory bail or for setting aside the order dated 01.09.2026. 17. Accordingly, BAIL APPLN. 3466/2026 and CRL.M.C. 6613/2026, along with the pending application, stand dismissed. The observations made herein shall not prejudice the trial. 18. A copy of this order be communicated to the learned trial court for information. 19. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 16, 2026/JYH/RM 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 17/09/2026 at 11:29:36