Parveen Vs the State NCT of Delhi

The accused/applicant seeks regular bail in case FIR No. 526/2025 of PS Prashant Vihar for offence under Section 22/25/29 NDPS Act on the allegation that by way of chance recovery, intermediate quantity of Buprenorphine 2MG & Naloxone 0.5 MG Sublingual Tablets was found being carried in a box kept on scooter being driven by the accused/applicant.

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BAIL APPLICATION 4675/2025

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Page 1 of 3 pages

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Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec GIRISH 45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60402c487965ff80 1e26fa, cn=GIRISH KATHPALIA Date: 2026.01.07 17:42:44 -08'00'

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Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Da te:0 7.01.2026 17:43:36

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Learned counsel for accused/applicant submits that he has been falsely implicated in this case and there is no previous involvement of the accused/applicant in any offence. Further, learned counsel for accused/applicant submits that even according to prosecution case, the alleged recovery of the contraband took place on 18.08.2025, but the contraband was sent to FSL much belatedly on 10.10.2025, for which there is no explanation and this delay shows that prosecution case is a fabricated one. It is also submitted by learned counsel for accused/applicant that the rigours of Section 37 NDPS Act would not apply in the present case. In support of her submissions, learned counsel for accused/applicant also places reliance on the judgment in the case of Alisher vs The State Government of NCT of Delhi , 2025:DHC:3173, and another case in which I had the occasion to deal with a similar situation pertaining to intermediate quantity.

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Learned APP for State submits that the delay in sending the contraband to FSL occurred because of time taken by the learned magistrate in dealing with their application dated 22.08.2025.

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As regards time taken in sending the contraband to FSL, in the present case it is not a matter of mere non-compliance with the statutory provisions. This delay is pointed out by learned counsel for accused/applicant raising suspicion against truthfulness of the prosecution case.

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So far as the magisterial permission is concerned, the same on the application dated 22.08.2025 of the IO was admittedly granted on BAIL APPLICATION 4675/2025 Page 2 of 3 pages

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Page 2 of 3 pages

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Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4af GIRISH ec45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60402c487965f f801e26fa, cn=GIRISH KATHPALIA Date: 2026.01.07 17:42:34 -08'00'

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Signature Not Verified

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Digitally Signed By:NEETU N NAIR Signing Da te:0 7.01.2026 17:43:36

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02.09.2025. But the contraband was sent to FSL on 10.10.2025, for which delay there is no explanation at all. Further, in the chargesheet, the IO has not even filed copies of Register No. 19 in order to show the deposit of the contraband in malkhana and taking out of the same, which would be vital in the present circumstances of delay in sending the contraband to FSL.

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Considering the above circumstances, the bail application is allowed and accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Court. Accompanying application stands also disposed of.

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7. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.

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