Dismissed¶22

Kala v. State NCT of Delhi

Delhi HC9 Jul 2026BAIL APPLN./1556/2026

Case brief

AI extract

What is this about?

Keywords: regular bail NDPS; Section 483 BNSS 2023; FIR No.126/2025 PS Special Cell; Sections 18/20/25/29 NDPS Act; opium recovery 1.022 Kgs.; clubbing intermediate quantities; commercial quantity; Section 37 NDPS rigours; Section 29 NDPS conspiracy; CDR 208 phone calls 18.02.2025-09.04.2025; drug syndicate; parity co-accused bail; prior antecedents 2022 NDPS FIR; Amar Singh Ramji Bhai Barot v. State of Gujarat (2005) 7 SCC 550; charge-sheet filed prosecution evidence stage; BAIL APPLN. 1556/2026; Saurabh Banerjee J.; dismissed 09.07.2026.

What did the court decide?

Relying on Amar Singh Ramji Bhai Barot v. State of Gujarat, (2005) 7 SCC 550, the rigours of Section 37 NDPS Act are applicable to the facts of this case, and intermediate quantities can be clubbed so as to make the recovery a 'commercial quantity'. ¶17

Kala Vs State NCT of Delhi — Narcotics (NDPS) | Delhi HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶22

Issue for consideration

Whether the applicant is entitled to regular bail when the rigours of Section 37 NDPS Act apply because the intermediate quantities recovered from the applicant and the co-arrested co-accused can be clubbed so as to make the recovery a 'commercial quantity'. +1 more

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Court's answer

¶17

Ratio / Principle

Since the applicant and the other co-accused person were arrested together, the total quantity recovered from them can be clubbed together.

¶16

Key takeaways

The recovery, constant telephonic contact (208 CDR calls between 18.02.2025 and 09.04.2025), clubbing of quantities and syndicate connection cumulatively evince a criminal conspiracy under Section 29 NDPS Act.ratio¶16
The applicant cannot be released on bail on the ground of parity with the already-released co-accused, because the applicant has prior antecedents, having been involved in another FIR under the NDPS Act in 2022.ratio¶21
Expression of views on the merits, if any, is solely for purposes of adjudicating the bail application and shall have no bearing on the overall case/trial.

Detailed headnote1 paragraphs

NDPS bail dismissed — Application under S.483 BNSS for regular bail in FIR No.126/2025 (PS Special Cell) under Ss.18/20/25/29 NDPS Act. 1.022 Kgs. opium recovered from applicant on search of 18.04.2025 following disclosure of co-accused. Holding that quantities of accused arrested together can be clubbed; per Amar Singh Ramji Bhai Barot v. State of Gujarat, (2005) 7 SCC 550, rigours of S.37 NDPS Act apply as clubbed intermediate quantities amount to 'commercial quantity'; facts cumulatively evince conspiracy under S.29 NDPS Act. Parity plea rejected as co-accused released earlier — applicant has prior antecedents in a 2022 NDPS FIR. Trial at prosecution-evidence stage. Observations confined to bail adjudication, no bearing on trial.

¶1

$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1556/2026 KALA .....Applicant

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Through: Mr. Hirein Sharma and Mr. Vimal Tyagi, Advs.

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versus

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STATE NCT OF DELHI .....Respondent

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Through: Mr. Satish Kumar, APP for the State with Insp. Rahul Kumar

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R

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% 09.07.2026

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By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the applicant seeks grant of regular bail in FIR No.126/2025 dated 15.04.2025 registered at PS: Special Cell, Delhi under Sections 18/20/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( NDPS Act ).

¶12

As per facts, acting upon a secret information received on 15.04.2025, the raiding team reached the spot and after due compliance under the NDPS Act, arrested two co-accused persons as they were found with 5.122 Kgs. of Opium and 3.537 Kgs of Charas. This led to registration of the present FIR. Subsequently, during investigation, the coaccused person disclosed that he is involved in the trade of supply of contraband since long, whereby currently, his two associates, including the applicant herein had gone to collect another consignment of contraband from Nepal.

¶13

This is a digitally signed order.

¶14

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 14/07/2026 at 11:09:40

¶15

Thereafter on 18.04.2025, on the basis of a secret information, the said associates, including the applicant were caught and searched as per the NDPS Act, whereby 1.022 Kgs. of Opium was recovered from the applicant and 0.857 Kgs. of Opium was recovered from the other coaccused person. Pursuant whereto the co-accused persons were arrested.

¶16

The charge-sheet has since been filed and the matter is currently at the stage of prosecution evidence before the learned Trial Court. 5. It is under these facts and circumstances that this Court has heard the learned counsel for the applicant as also the learned APP. 6. As borne from the above, there has been a recovery of 1.022 Kgs. of Opium from the applicant and he has been arrested based on a disclosure statement of the co-accused person. Also, the Call Detail Records ( CDRs ) of as many as 208 phone calls inter se the applicant and the said coaccused person reflect that they were constantly in touch between the period 18.02.2025 to 09.04.2025. Since both the applicant and another coaccused person were arrested together, the total quantity can be clubbed together. Moreover, the facts are part of a large drug syndicate. Hence, the aforesaid cumulatively evinces a criminal conspiracy under Section 29 of the NDPS Act.

¶17

Ergo , in view of the judgment rendered by the Hon’ble Apex Court in Amar Singh Ramji Bhai Barot v. State of Gujarat : (2005) 7 SCC 550 , the rigorous of Section 37 of the NDPS Act are applicable to the factual matrix of the present case and the intermediate quantities can be clubbed so as to make the recovery under “ commercial quantity ”.

¶18

Lastly, although the co-accused person, who was arrested along the applicant herein has already been granted bail, the applicant cannot be

¶19

This is a digitally signed order.

¶20

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 14/07/2026 at 11:09:40

¶21

released on bail on the ground of parity as the applicant herein has prior antecedents as he was involved in another FIR under the NDPS Act itself in the year 2022.

¶22

Taking the aforesaid factors cumulatively, particularly, since they cannot be discredited at this stage, the present application is dismissed. 10. Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved.

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SAURABH BANERJEE, J

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JULY 9, 2026/rr

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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 14/07/2026 at 11:09:40

Kala v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Kala v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

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