Delhi High Court - Orders
Abdul Nayib vs State Nct Of Delhi on 31 October, 2025
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2623/2025
ABDUL NAYIB .....Petitioner
Through: Mr. Rana Kunal and Mr. Sanjeev
Malik, Advocates
versus
STATE NCT OF DELHI .....Respondent
Through: Mr. Manoj Pant, APP for the State
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 31.10.2025
1. By way of the present application, the applicant seeks grant of regular bail in case arising out of FIR bearing No. 181/2024, registered at Police Station Crime Branch, Delhi for the commission of offence punishable under Sections 21/22/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'NDPS Act') and Section 14 of Foreigners Act, 1946.
2. The case of the prosecution, as set out in the status report, is that on 10.09.2024, ASI Satbir of the Crime Branch had received secret information that certain persons were in possession of psychotropic substances at a flat located in Tilak Vihar, Delhi, and were actively involved in supplying drugs across the Delhi-NCR region. The information was duly reduced into writing and entered in compliance with Section 42 of the NDPS Act, and 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 03/11/2025 at 23:16:57 necessary authorization under Section 41(2) was obtained from the ACP/AGS, Crime Branch. Subsequently, the informer clarified that the correct premises was House No. WZ-66A, Plot No. 123, Sahibpura, Tilak Nagar, Delhi, instead of the initially mentioned address. A raid was accordingly conducted at the said address, where two persons i.e. (i) Hashimi Mohammad Waris and (ii) Abdul Nayib (present applicant), both Afghan nationals residing at the third floor of the said premises, were apprehended. Notices under Section 50 of the NDPS Act were served upon both, and an FSL team was summoned to the spot. At the instance of co- accused Mohammad Waris, a total of 400 grams of heroin and 160 grams of a mixture of heroin and cocaine (as suspected by the FSL team) were recovered from a speaker box kept inside a bed in the same premises. The narcotic substance, along with the weighing machine and packaging material, was seized through seizure memos, and the entire process of search and seizure was videographed in compliance with Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter 'BNSS'). Both accused were arrested thereafter.
3. It is stated that during investigation, co-accused Mohammad Waris disclosed that he had entered the drug trade about a year earlier at the instance of one Toofan (brother of his schoolmate in Afghanistan) who coordinated consignments through WhatsApp. Each successful delivery allegedly fetched him ₹8,000-₹9,000 (equivalent to USD 100). He stated that in the present instance, he and the applicant Abdul Nayib had collected the narcotic substance from a person of African origin in Chhatarpur, Delhi, and stored it at his rented accommodation in Tilak Nagar. The applicant Abdul Nayib also allegedly admitted accompanying co-accused Mohammad 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 03/11/2025 at 23:16:57 Waris to Chhatarpur for collection of the consignment and offered to identify the location from where it was received. Both accused were accordingly taken on three days' police custody remand, during which they pointed out the place of delivery in Chhatarpur Extension; however, the alleged supplier could not be traced despite efforts. Samples of the recovered substances were drawn in accordance with Section 52A of the NDPS Act and sent for forensic analysis. The FSL report opined that one sample contained Dextromethorphan, while the other contained Diacetylmorphine (Heroin) along with other opiates and adulterants. During investigation, Surjeet Kaur, owner of the premises at Tilak Nagar, was examined, who produced a rent agreement dated 22.07.2024 executed with co-accused Mohammad Waris, which was seized by police. It was further revealed from the FRRO report that the applicant Abdul Nayib's visa (No. VL7362287) had expired on 26.09.2021, and that of co-accused Waris on 25.06.2020. As both had overstayed their visas, Section 14 of the Foreigners Act, 1946 was added to the case. Upon completion of investigation, the chargesheet was filed, while charges are yet to be framed.
4. The learned counsel appearing for the accused/applicant submits that the applicant is an Afghan national who had been residing in India and was acquainted with the co-accused Hashimi Mohammad Waris. It is contended that the applicant used to visit the residence of the co-accused only to use the Wi-Fi connection, play games, etc., and that the said flat was in fact rented and occupied solely by the co-accused Mohammad Waris. It is further submitted that at the time of the raid, the door of the premises was opened by the co-accused, who led the raiding team inside the room and facilitated the alleged recovery. It is argued that no recovery whatsoever was 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 03/11/2025 at 23:16:57 made from the personal possession of the present applicant, and that he has been falsely implicated merely on account of his presence at the spot. The learned counsel thus contends that there is no material to establish any conscious possession or active involvement of the applicant in the commission of the alleged offence.
5. The learned APP for the State opposes the application for bail, and argues that a total of 560 grams of heroin was recovered from the premises jointly occupied by the applicant and the co-accused, and therefore, both are equally liable for possession of the narcotic substance recovered from their residence. It is further submitted that the visa of the applicant expired in the year 2021, and consequently, Section 14 of the Foreigners Act has also been invoked against him. The learned APP contends that sufficient material exists on record to prima facie establish the involvement of the applicant in the offence and that the case is presently listed before the learned Trial Court for arguments on charge. He therefore prays that the bail application be dismissed.
6. This Court has heard arguments addressed by the learned counsel for the applicant and the learned APP for the State, and has perused the record.
7. In the present case, this Court notes that pursuant to receipt of secret information, a raid was conducted at the premises in question, where the applicant Abdul Nayib and co-accused Hashimi Mohammad Waris, both Afghan nationals, were found present. From the said premises, a total of 560 grams of narcotic substance - comprising 400 grams of heroin in cylindrical crushed form and 160 grams of heroin/cocaine mixture - was recovered from a speaker box concealed under a bed.
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 03/11/2025 at 23:16:57
8. The FSL report in this case has confirmed that one of the exhibits contained Diacetylmorphine (heroin) along with 6-Monoacetylmorphine, Acetylcodeine, Morphine, Codeine, Dextromethorphan and Caffeine, while the second sample contained Dextromethorphan.
9. The recovery was effected in the presence of both accused persons, and the entire process of search and seizure was videographed in compliance with Section 105 of the BNSS. Since commercial quantity of heroin was recovered in this case, the statutory embargo contained in Section 37 of the NDPS Act squarely applies to the present case, which mandates that no person accused of such offences shall be released on bail unless the Court is satisfied on two essential conditions: first, that there are reasonable grounds for believing that the accused is not guilty of the alleged offence; and second, that he is not likely to commit any offence while on bail.
10. In the case at hand, it is not disputed that the applicant was present at the spot at the time of recovery of the narcotic substance. The prosecution material further indicates that both accused persons were jointly residing at the said premises, and the narcotic substance was recovered from within that house. The applicant's contention that he had merely gone to the house to use Wi-Fi or play games is a matter of trial, and at this stage, it cannot displace the prima facie inference of conscious possession arising from his presence at the premises from where commercial quantity of narcotic substance was recovered.
11. Furthermore, as per the FRRO report, the visa of the applicant had expired on 26.09.2021, and therefore Section 14 of the Foreigners Act had also been invoked. The investigation has since culminated in the filing 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 03/11/2025 at 23:16:57 chargesheet, and the matter is presently listed before the learned Trial Court for arguments on charge.
12. Thus, in view of the nature of recovery, the quantity of the narcotic substance, the applicant's presence at the spot, The fact that the applicant has been illegally residing in India since 2021 and the bar under Section 37 of NDPS Act, this Court does not find any reasonable ground to believe, for the purpose of grant of bail, that the applicant is not guilty of the offence alleged or that he is not likely to commit any offence while on bail.
13. Accordingly, the application for grant of regular bail is dismissed at this stage.
14. It is, however, clarified that nothing expressed hereinabove shall tantamount to an expression of opinion on merits of the case.
15. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J OCTOBER 31, 2025/ns 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 03/11/2025 at 23:16:57