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TR.P.(CRL.) 82/2026 $~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010439602026 + TR.P.(CRL.) 82/2026 & CRL.M.A. 28742/2026 STATE (NCT OF DELHI) .....Petitioner Through: Mr. Akhand Pratap Singh, SPP with Ms. Samridhi Dobhal, Mr. Krishna Mohan Chandel, Mr. Hritwik Maurya, Ms. Lisa Pegwal, Mr. Apoorv Paliya, Ms. Nivedita Sood, Mr. Himanshu, Advocates. Insp. Ritesh, SI Gagandeep. versus AMIT & ORS. .....Respondents Through: Mr. Kundan Kumar, Advocate. CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R %
16.09.2026
1. The petitioner – State seeks transfer of proceedings arising out of FIR No. 186/2025, dated 11.03.2025, registered at Police Station Sultanpuri, Outer District, Delhi [SC No. 352/2025], from the Court of learned Special Judge (NDPS), North-West District, Rohini Courts, Delhi [“Special Court (NDPS)”], to the learned Special Exclusive Court-13 (MCOCA), Rouse Avenue Courts, New Delhi. 2. Mr. Akhand Pratap Singh, learned Special Public Prosecutor, submits that the aforesaid FIR was originally registered under Sections 21(C)/22(B)/29 of the Narcotic Drugs and Psychotropic Substances Act, 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 19/09/2026 at 11:40:59
TR.P.(CRL.) 82/2026 1985 [“NDPS Act”] and Section 111 of the Bharatiya Nyaya Sanhita,
2023. The chargesheet was filed against respondent No. 1 – Amit alone before the Special Court (NDPS). Subsequently, the Investigating Officer [“IO”] alleged the existence of an organized crime syndicate, and filed two supplementary chargesheets before the Court dealing with Maharashtra Control of Organised Crime Act, 1999 [“MCOCA”] cases in the North-West District. 3. However, pursuant to directions of the Supreme Court in Suo Moto W.P. (Criminal) No. 1/2026 [In Re: Creation/Establishment of Special Courts and connected matters], this Court, by notification dated 01.08.2026, has created three Special Exclusive Courts to deal with MCOCA offences, numbered as Special Exclusive Court-11 to Special Exclusive Court-13 (MCOCA) in the Rouse Avenue Courts Complex. Accordingly, the supplementary chargesheets filed before the erstwhile MCOCA Court, North-West District, have since been transferred to the learned Special Exclusive Court-13 (MCOCA), Rouse Avenue Courts Complex, New Delhi, after cognizance had been taken by the concerned Court vide order dated 18.03.2026. 4.
The State had earlier moved the Sessions Court for transfer of the proceedings relating to the NDPS offence from the learned Special Court (NDPS) to the Court dealing with the MCOCA matters [TP (Crl.) 59/2025: State v. Amit and Ors.]. The said petition is pending before the Principal District and Sessions Judge, North-West District, Rohini Courts, Delhi. However, the present transfer petition has been filed on the ground that the jurisdiction in respect of MCOCA offences now lies with the Special Exclusive Courts in the Rouse Avenue Courts Complex. 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 19/09/2026 at 11:40:59
TR.P.(CRL.) 82/2026
5. Mr. Kundan Kumar, learned counsel, appears on advance notice on behalf of respondent No. 1, and does not object to the transfer. However, Mr. Kumar submits that respondent No. 1 has filed a petition [CRL.M.C. 7674/2025: Amit Singh v. State (NCT of Delhi)], challenging the invocation of MCOCA against him, which remains pending before this Court. Learned counsel submits that the transfer may be made, while expressly recording that it is subject to the result of the said petition. 6. As far as the other accused persons [respondent Nos. 2 to 8] are concerned, no proceedings against them are pending before the learned Special Court (NDPS), as the supplementary chargesheets, in which they were named as accused, stand transferred to the learned Special Exclusive Court-13 (MCOCA), Rouse Avenue Courts, New Delhi. Mr. Singh, therefore, states that notice need not be issued to respondent Nos. 2 to 8. 7. In view of the above submissions and having regard to the fact that the present position is that proceedings which arise out of the same FIR are continuing in two different Courts, it is directed that all proceedings arising out of FIR No. 186/2025, dated 11.03.2025, registered at Police Station Sultanpuri, Outer District, Delhi, will be tried by the learned Special Exclusive Court-13 (MCOCA), Rouse Avenue Courts, New Delhi.
The proceedings under the NDPS Act in respect of respondent No.1 are, therefore, transferred from the Court of learned Special Judge (NDPS), North-West District, Rohini Courts, Delhi, to the said Special Exclusive Court. 8. The petition, alongwith pending application, is disposed of in terms of the above. 9. It is made clear that the present order is without prejudice to 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 19/09/2026 at 11:40:59
TR.P.(CRL.) 82/2026 rights and contentions of respondent No. 1 in the pending petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [CRL.M.C.
7674/2025]. PRATEEK JALAN, J SEPTEMBER 16, 2026 ‘B’/KA/ 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 19/09/2026 at 11:40:59