Allowed

Mohar Singh v. State of NCT Delhi

Delhi HC13 Apr 2026BAIL APPLN./581/2026

Case brief

AI extract

What is this about?

Regular bail sought under NDPS Act for alleged supply of 14.646 kg ganja, an intermediate quantity. Applicant in custody nine months, no prior involvement, FSL report pending, co-accused already granted anticipatory bail. Court granted bail on personal bond with conditions.

What did the court decide?

Regular bail granted on personal bond of Rs.15,000 with one like surety, subject to conditions.

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

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 581/2026

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MOHAR SINGH .....Petitioner

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Through: Mr. Pramod Kumar and Ms. Nikita Singh, Advs.

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versus

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STATE OF NCT DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State along with SI Rakesh Kumar.

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CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 13.04.2026

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By way of the present application, the applicant seeks grant of regular bail in case arising out of FIR bearing no. 535/2025, registered at Police Station Narela, Delhi, for the commission of offence punishable under Sections 20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter ‘ NDPS Act’ ).

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The brief facts of the case are that on 31.07.2025, at about 10:30 PM, a secret information was received that one individual, i.e. accused Mohar Singh (the present applicant), was actively involved in the supply of ganja and that he would be arriving near Raja Harish Chander Hospital between 12:00 midnight and 01:00 AM with a consignment of ganja. Acting on the said information, a raiding team was constituted, and at about 11:30 PM, the raiding team departed from the Special Staff Office towards Sector 1–3,

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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 15/04/2026 at 12:31:26

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Rohini, and reached near Raja Harish Chander Hospital at about 12:20 AM. Around 12:30 AM, one person was noticed approaching from the direction of Singhola towards the Hospital, carrying a plastic sack in his right hand. On being identified by the informer, he was apprehended. Upon inquiry, he disclosed his name as Mohar Singh. On search, a plastic sack containing ganja was recovered from his possession. Upon weighing with an electronic scale, the total weight of the recovered narcotic substance was found to be 14.646 kilograms. During the course of investigation, the present applicant disclosed the involvement of an elderly woman in the illegal trade of narcotic substances. It was disclosed that the co-accused had been regularly supplying ganja by providing consignments to the present applicant and collecting the same from him at various delivery points, after paying him money for transportation.

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The learned counsel for the applicant/accused argues that the applicant has been falsely implicated in the present case. It is contended that there is no previous criminal involvement of the applicant, who is in judicial custody since 01.08.2025. It is further contended that no recovery has been effected from the present applicant and thus, the bar of Section 37 of the NDPS Act is not attracted against the present applicant. It is also argued that co-accused Shanti Devi has already been granted anticipatory bail by this Court, vide order dated 13.11.2025. Accordingly, it is prayed that the applicant be granted regular bail.

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Per contra, the learned APP for the State argues that the applicant has been actively involved in the supply of illegal narcotic substances. It is pointed out that the applicant was in continuous contact with the co-accused and CDR analysis reveals that there were 16 phone calls exchanged between

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This is a digitally signed order.

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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 15/04/2026 at 12:31:26

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the applicant/accused and the co-accused on the day of the incident, i.e., 31.07.2025, which clearly indicates his involvement in the present offence. It is thus prayed that the present application for regular bail be dismissed

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This Court has heard argument addressed by learned counsel of the applicant/accused and the learned APP for the State, and has perused the material on record.

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After hearing arguments and going through the case file, this Court is of the opinion that the alleged recovery effected from the present applicant is 14.646 kilograms of ganja, which is intermediate quantity under the NDPS Act. This Court also notes that FSL report in this case has not yet been received, though the present applicant is in judicial custody for about nine months and there is no previous involvement of the present applicant in any other case. This Court also notes that co-accused Shanti Devi has already been granted anticipatory bail by this Court, vide order dated 13.11.2025.

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Considering the overall facts and circumstances of the case, this Court is inclined to grant regular bail to the applicant herein, on his furnishing personal bond in the sum of Rs.15,000/- with one surety of the like amount, subject to the satisfaction of the learned Trial Court/Successor Court/Link Court/Duty Judge concerned on the following terms and conditions:

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i) The applicant shall not leave the country without prior permission of the concerned Court and if the applicant has a passport, he shall surrender the same to the concerned trial court. ii) In case of change of residential address/contact details, the applicant shall promptly inform the same to the concerned Court and IO/SHO concerned.

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This is a digitally signed order.

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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 15/04/2026 at 12:31:26

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iii) The applicant shall appear regularly before the learned Trial Court, unless exempted.

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iv) The applicant shall not communicate with, or come into contact with the complainant or any of the prosecution witnesses, or tamper with the evidence of the case.

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Accordingly, the present bail application stands allowed and is disposed of.

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It is, however, clarified that nothing expressed hereinabove shall tantamount to an expression of opinion on merits of the case.

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A copy of this order be communicated to the concerned jail authorities for necessary compliance.e.

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The order be uploaded on the website forthwith.

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DR. SWARANA KANTA SHARMA, J

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APRIL 13, 2026/A

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This is a digitally signed order.

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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 15/04/2026 at 12:31:26

Mohar Singh v. State of NCT Delhi

Case brief

What is this about?

What did the court decide?

Mohar Singh v. State of NCT Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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