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2076 DAILYLAW 2 (DEL)

SUSHMA v. STATE NCT OF DELHI AND ORS

W.P.(CRL)/2076/2026 · 2026-07-21

Navin Chawla, Ravinder Dudeja

Writ Petition (Criminal)body2076

Judgment text

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$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2076/2026 SUSHMA .....Petitioner Through: Mr.Inder Dev Singh, Mr.Vijay Kumar, Mr.Yash Kumar, Advs. versus STATE NCT OF DELHI AND ORS .....Respondents Through: Mr.Amol Sinha, ASC (Crl.) with Mr.Kshitiz Garg, Mr.Ashvini Kumar, Mrs. Chavi Lazarus, Mr.Nitish Dhawan, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 21.07.2026 1. This petition has been filed under Article 226 of the Constitution of India, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking issuance of a Writ in the nature of Habeas Corpus, directing the respondents to produce the son of the petitioner, namely, Mr. Yadhu Yadav, aged about 28 years. 2. Pursuant to the notice issued on 17.07.2026, Mr.Amol Sinha, the learned ASC, has produced before us certain documents, including a copy of the FIR No.182/2026, Police Station: Crime Branch, Delhi, registered under Sections 20/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985; a copy of the Arrest Memo dated 14.07.2026 of Mr.Yadhu Yadav; and copy of the order dated 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 24/07/2026 at 12:42:31 14.07.2026 passed by the learned Special Judge (NDPS) placing Mr.Yadhu Yadav in police remand for seven days. 3. Though the learned counsel for the petitioner submits that the arrest is illegal inasmuch as the grounds of arrest as also the information regarding the arrest were not served on Mr.Yadhu Yadav/his relatives, these are the matters which are to be determined by the learned Special Judge before whom Mr.Yadhu Yadav is to be produced today. Given the facts that Mr.Yadhu Yadav is presently in custody in terms of the order passed by the learned Special Judge, we would not like to carry out simultaneous investigation into the same. 4. The petition is accordingly disposed of, leaving it open to the petitioner/ Mr.Yadhu Yadav to raise all these issues before the learned Special Judge in an appropriate proceeding. NAVIN CHAWLA, J RAVINDER DUDEJA, J JULY 21, 2026/Arya/as 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 24/07/2026 at 12:42:31