Mayur Khade Vs Government of NCT of Delhi — Narcotics (NDPS) | Delhi HC (2025)

Mayur Khade Vs Government of NCT of Delhi — Narcotics (NDPS) | Delhi HC (2025)

What the court decided

AI extract

Outcome

Application allowed to the extent that conditions (i) and (ii) of the bail order dated 17.04.2025 were modified: (i) restriction relaxed from 'not leave NCT of Delhi' to 'not leave the country' without prior permission of the Learned Trial Court; (ii) weekly reporting (Saturdays, 4:00 P.M.) shifted from P.S. Crime Branch, Delhi to the local police station near petitioner's residence in Mumbai; conditions (iii)-(viii) unchanged; counsel's name corrected and appearance read into the 17.04.2025 judgment.

Issue for consideration

Whether the bail condition requiring the petitioner to report every Saturday at 4:00 P.M. before the SHO/IO, Crime Branch, Delhi should be modified, given that the petitioner permanently resides in Mumbai. +1 more

Court's answer

Reporting condition (ii) modified: the petitioner shall now report at the local police station near his residence in Mumbai every Saturday at 4:00 P.M. instead of P.S. Crime Branch, Delhi.

Ratio / Principle

This Court modified the Order dated 17.04.2025 with respect to bail conditions (i) and (ii), substituting new conditions.

Key takeaways

Movement condition (i) modified: the earlier restriction on leaving the NCT of Delhi without prior permission of the Trial Court was replaced by a restriction on leaving the country without prior permission of the Learned Trial Court.ratio¶27
The remaining bail conditions (iii) to (viii) imposed vide the Order dated 17.04.2025 shall remain the same.ratio¶29
Correcting a typographical error in counsel's name, the Court directed that the appearance of learned counsel for the petitioner in the present order also be read as the appearance in the Order/Judgment dated 17.04.2025.obiter

Detailed headnote1 paragraphs

High Court of Delhi (Shalinder Kaur, J.), 09.05.2025, BAIL APPLN. 4468/2024 (Mayur Khade v. Government of NCT of Delhi): Application under Section 528 BNSS and Article 21 of the Constitution seeking modification of bail conditions imposed on 17.04.2025 in FIR No.30/2023 dated 10.02.2023 (offence under Section 20 NDPS Act, P.S. Crime Branch). As petitioner permanently resided in Mumbai and had no place to live in Delhi, the Court, with the State offering no objection, modified conditions (i) and (ii): Saturday 4:00 P.M. reporting moved from P.S. Crime Branch, Delhi to the local police station near petitioner's Mumbai residence; movement restriction relaxed from not leaving the NCT of Delhi to not leaving the country without prior permission of the Learned Trial Court. Conditions (iii)-(viii) remained unchanged. Counsel's mis-spelled name corrected and counsel's appearance ordered to be read into the 17.04.2025 Order/Judgment. Application disposed of.

$~57

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 4468/2024

MAYUR KHADE .....Petitioner

Through: Mr. Akhilesh Lakhanlal Kamle, Adv.

versus

GOVERNMENT OF NCT OF DELHI .....Respondent Through: Mr. Tarang Srivastava, APP for State. SI Sandeep ARSC Crime Branch Shakarpur, Delhi.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R % 09.05.2025

CRL.M.A. 14508/2025 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.A. 14507/2025

The present application has been filed by the applicant/petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Article 21 of the Constitution of India seeking modification of the bail conditions imposed vide Order/Judgment dated 17.04.2025 passed by this Court in FIR No.30/2023 dated 10.02.2023 for the offence under Section 20 of 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 01/07/2025 at 00:17:21

Narcotic Drugs and Psychotropic Substances Act, 1985 („NDPS Act‟) registered at Police Station Crime Branch.

The learned counsel for the petitioner submits that the petitioner is a permanent resident of Mumbai, therefore, it is difficult for him to appear on every Saturday at 4:00 PM before the SHO/IO Crime Branch, Delhi.

He further submits that vide bail conditions nos.(i), he has also been directed not to leave the NCT of Delhi without prior permission of the learned Trial Court. He submits that the petitioner though has been granted relief of the bail but he is facing much hardship and he has not been able to leave Delhi and he has no place to live in Delhi. He submits that in these circumstances, the Order dated 17.04.2025 be modified to the above extent.

It is apposite to mention the relevant bail conditions of the Order dated 17.04.2025 as under:

i. The Petitioner shall not leave the NCT of Delhi without prior permission of the Learned Trial Court.

ii. The Petitioner shall report at P.S. Crime Branch, Delhi every Saturday at 4:00 P.M. The concerned officer shall release the Petitioner after recording his presence and after completion of all the necessary formalities.____________

The learned APP for the State submits that he has no objection in case the petitioner is directed to report every Saturday before the local Police Station, Mumbai near his residence.

In view of the above, the Order dated 17.04.2025 with respect to the conditions (i) and (ii) is modified with the following conditions:

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 01/07/2025 at 00:17:21

i. The Petitioner shall not leave the country without prior permission of the Learned Trial Court.

ii. The Petitioner shall report at local Police Station near his residence, Mumbai every Saturday at 4:00 P.M. The concerned officer shall release the Petitioner after recording his presence and after completion of all the necessary formalities.

However, the other conditions imposed vide Order dated 17.04.2025 with respect to (iii) to (viii) shall remain same.

The learned counsel for the petitioner submits that due to typographical error, the correct name of the counsel for the petitioner, Mr. Akhilesh Lakhanlal Kamle was inadvertently typed as Mr. Akhilesh Lakhalal Kamle.

Let the appearance in the present order of learned counsel for the petitioner be read as the appearance in the Order/Judgment dated 17.04.2025 also.

In view of above directions, the application stands disposed of.

SHALINDER KAUR, J

MAY 9, 2025/ab/kp

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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 01/07/2025 at 00:17:21