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

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

What the court decided

AI extract

Outcome

Regular bail granted to Swapan Ray on personal bond and surety bond of Rs. 25,000/- each (surety to be local), subject to: no direct or indirect contact with witnesses; furnishing an operational mobile number to the concerned IO; and verification of residential address before release. Application and pending application (CRL.M.A. 6928/2026) disposed of in these terms; copy of order to be sent to Trial Court and Jail Superintendent.

Issue for consideration

Whether regular bail should be granted to applicant Swapan Ray in FIR No.0369/2024 (P.S. Kamla Market, Delhi) for offence under Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985. +1 more

Court's answer

Applicant admitted to regular bail on furnishing personal bond and surety bond of Rs. 25,000/- each, subject to satisfaction of the concerned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class and four conditions (local surety; no direct or indirect contact with witnesses; furnishing an operational mobile number to the IO; verification of residential address before release), the Court keeping in mind the overall facts and expressly refraining from expressing any opinion on the merits of the case.

Detailed headnote1 paragraphs

Delhi High Court (Manoj Jain, J.), order dated 16.04.2026 on BAIL APPLN. 908/2026 (& pending CRL.M.A. 6928/2026): regular bail granted to Swapan Ray, applicant in FIR No.0369/2024 (12.09.2024), P.S. Kamla Market, Delhi, under Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985. During a patrolling-duty check of separate trolley bags, 11.178 kg ganja was recovered from the applicant and 9.47 kg from co-accused Pinki Sultana; the Court recorded that the commercial quantity of ganja commences at 20 kg. Charge-sheet filed; case at Prosecution Evidence stage (1 of 11 cited witnesses examined). Applicant's sole contention: the separate quantities were impermissibly clubbed to make up a commercial quantity, and parity was invoked with co-accused Pinki Sultana, bailed by this Court on 12.02.2026 in Bail Appln. No.13/2026. Counsel admitted the applicant's earlier contraband conviction, sentence already undergone. Bail granted on personal bond and surety bond of Rs. 25,000/- each with conditions (local surety; no witness contact; operational mobile number with IO; address verification), the Court expressly reserving opinion on merits; application and pending application disposed of accordingly.

$~13

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 908/2026 & CRL.M.A. 6928/2026 SWAPAN RAY

.....Petitioner

Through: Mr. Faiz Alam, Advocate.

versus

STATE NCT OF DELHI

.....Respondent Through: Ms. Priyanka Dalal, APP for the State with SI Virender.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN O R D E R

% 16.04.2026

Applicant seeks regular bail in FIR No.0369/2024 dated 12.09.2024, registered at P.S. Kamla Market, Delhi, for commission of offence under Section 20 Narcotic Drugs and Psychotropic Substances Act, 1985 .

As per the prosecution story, the police team who was already on patrolling duty, noticed applicant alongwith one lady moving in suspicious manner. They were carrying separate trolley bags and when those bags were checked, it led to recovery of ganja .

As far as the applicant herein is concerned, 11.178 kg of ganja was recovered from his possession whereas from the possession of his co-accused, there was recovery of 9.47 kg of ganja .

The charge-sheet has already been filed and the case is at the stage of Prosecution Evidence and so far, only 1 out of 11 cited witnesses has entered into witness box.

BAIL APPLN. 908/2026 1

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 20/04/2026 at 11:12:55

The commercial quantity of ganja starts from 20 kg onwards.

The sole contention of the applicant is to the effect that his co-accused i.e. Pinki Sultana has already been enlarged on bail and the manner in which the separate quantity has been clubbed in order to make it a case of commercial quantity, is not sustainable in the eyes of law. In this regard, learned counsel for applicant makes reference to the order dated 12.02.2026 passed by this Court while granting bail to Pinki Sultana in Bail Appln. No.13/2026 (DoD 12.02.20226).

Learned counsel for applicant, in all fairness, admits that earlier also, the applicant was found in possession of contraband for which he was held guilty. He states that he has already undergone the sentence given to him, in such other case.

Keeping in mind the overall facts of the case and without expressing any opinion over the merits of the case, the applicant is, hereby, admitted to bail on his furnishing personal bond and surety bond in a sum of Rs. 25,000/each subject to the satisfaction of concerned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class with following conditions: -

(i) Surety shall be local.

(ii) Applicant shall not try to contact any witness, directly or indirectly.

(iii) Applicant shall furnish a mobile number to concerned IO on which he can be contacted, if required. Such number shall remain operational and functional.

(iv) Residential address of the applicant shall be got verified, before releasing him on bail.

Application stands disposed of in aforesaid terms.

BAIL APPLN. 908/2026 2

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 20/04/2026 at 11:12:55

Pending application also stands disposed of in aforesaid terms.

A copy of this Order be immediately sent to the learned Trial Court and Jail Superintendent for information and necessary compliance.

MANOJ JAIN, J

APRIL 16, 2026/ss/sa

BAIL APPLN. 908/2026 3

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 20/04/2026 at 11:12:55