Delhi High Court - Orders
Rajinder Chitkara vs Narcotics Control Bureau on 28 November, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4601/2025 & CRL.M. (BAIL) 2362/2025
RAJINDER CHITKARA .....Petitioner
Through: Mr. Amit Chadha, Senior Advocate
with Mr. Rajat Manchanda, Mr.
Snehal Kumar Singh, Ms. Sakshi, Ms.
Munisha Chadha, Mr. Atin Chadha,
Mr. Harjas Singh, Mr. Dhruv Tomar,
Advocates.
versus
NARCOTICS CONTROL BUREAU .....Respondent
Through: Mr. Arun Khatri, SSC with Ms.
Shelly Dixit, Mr. Krish Mahagan,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 28.11.2025
1. The present application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (erstwhile Section 439 of the Code of Criminal Procedure, 19732) seeks regular bail in proceedings arising from NCB Case No. VIII/17/DZU/2025 registered under Sections 8, 22, 23 & 29 of Narcotics and Psychotropic Substances Act, 1985.3
2. The case of the prosecution, in brief, is that on 16th April, 2025, acting on secret information, the NCB seized 507 grams of amphetamine from a parcel at Aramax India Pvt. Ltd., Dwarka. During investigation, the 1 "BNSS"
2"Cr.P.C."BAIL APPLN. 4601/2025 Page 1 of 6
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 01/12/2025 at 22:22:45 statement of Arun Grover, the booking agent, under Section 67 of the NDPS Act disclosed that the parcel had been booked by the Applicant, Rajinder Chitkara. A notice under Section 67 was thereafter issued to him, and in his statements recorded on 17th and 18th April, 2025, he admitted to packing the parcel and stated that the cloth bundle had been handed over to him by an African national known as King. He was arrested on 18 th April, 2025, after being informed of the grounds of arrest, and was produced before the Duty JMFC the same day, where the NCB sought four days' police custody. By order dated 18th April, 2025, the JMFC granted three days' police custody remand. Based on the Applicant's disclosure, the NCB apprehended Emanuel Enuma Dike @ King from his residence in Gurugram, where a search led to the recovery of concealing material and notebooks allegedly connected to drug trafficking.
3. Mr. Amit Chadha, Senior Counsel for the Applicant, submits that the Applicant is not pressing the bail on merits and confines the challenge to the legality of the arrest, contending that the grounds of arrest were neither furnished to the Applicant nor communicated to his family members in writing; that the arrest is in violation of Sections 36(b)(i) and 36(c) of the BNSS; and that the Trial Court, while granting remand, failed to record a meaningful satisfaction regarding supply of the grounds of arrest, having done so in a perfunctory and stereotype manner.
4. Mr. Arun Khatri, SSC for the State, opposes the Application and submits that the arrest memo clearly records that the grounds of arrest were explained to the Applicant and that he had telephonically informed his family members. The Trial Court's remand order expressly acknowledges 3 "NDPS Act"
BAIL APPLN. 4601/2025 Page 2 of 6This 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 01/12/2025 at 22:22:45 supply of the arrest memo and grounds of arrest to both the accused and their counsel. It is submitted that the recovered quantity is commercial, the investigation indicates the Applicant's role as part of a drug syndicate, and that no infirmity in the arrest or remand process has been demonstrated so as to justify grant of bail.
5. The Court has considered the aforementioned submissions. The arrest memo notes as follows:
6. As can be noted from the arrest memo, there is a signature affixed by BAIL APPLN. 4601/2025 Page 3 of 6 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 01/12/2025 at 22:22:45 the Applicant and it categorically records that before arrest, the grounds of arrest were explained to him. At that juncture, the Applicant was also given access for telecommunication with his father and wife, as duly acknowledged by his signatures stating that he himself informed them on their respective mobile numbers.
7. Subsequently, when the Applicant was produced before the Magistrate at the stage of remand, the following order was passed:
"MLCs perused. No external injury reported. Wife of accused Rajinder Chitkara has been informed about his arrest. Friend & wife of accused Emanuel Enuma Dike @ King have been informed about his arrest. Accused Rajinder Chitkara and Emanuel Enuma Dike @King were arrested on 18.04.2025 at 10:00 & 11:00 AM respectively. Accused persons have been informed about the ground of arrest. Copy of the arrest memo and ground of arrest alongwith remand application are provided to accused persons in the Court and same have been handed over to their counsel.
An application seeking extension of PC for 04 days of the adcused Rajinder Chitkara and Emanuel Enuma Dike @ King is moved by IO. It is stated that recovery of 507 gm Amphetamine has been recovered from a parcel which was booked by accused Rajinder Chitkara and the said parcel was given to him by coaccused Emanuel Enuma Dike @ King. IO further stated that during investigation booking clerk has identified accused Rajinder Chitkara as the person, who had booked the parcel in question. IO further stated that there is whatsapp chat between booking clerk, accused Rajinder Chitkara and between both accused persons regarding booking of the parcel in question as well as other contrabands. IO further submitted that investigation of the case is at initial stage and there is strong possibility of further recovery of contraband on the instance of both accused persons as well as identification of the other members of the drug syndicate those are also involved in the drug trafficking and for that accused persons are required to be taken to Delhi NCR area i.e. Noida, Gurgaon and different places of Delhi. IO further stated that in order to complete the investigation and further recovery of contraband 04 days police custody remand is required.
Arguments heard on the application. Record perused. Considering the nature of offence and submissions of the IO, the application is partially allowed and accused Rajinder Chitkara & Emanuel Enuma Dike @ King be remanded to PC for 03 days, to be produced before court concerned/Duty JMFC on 21.04.2025. They be BAIL APPLN. 4601/2025 Page 4 of 6 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 01/12/2025 at 22:22:45 medically examined as per rules.
Copy of this order be given dasti to applicant."
8. At that juncture, the Applicant was duly represented by a counsel. The order categorically records that the copy of the arrest memo and the grounds of arrest along with the remand application were provided to the accused in Court and handed over to their counsel as well.
9. The contention regarding non-furnishing of written grounds of arrest does not impress this Court. The arrest memo reflects that the grounds of arrest were explained to the Applicant, and the remand order records that copies of the arrest memo and grounds of arrest were supplied in Court to the accused as well as counsel. No material has been shown to establish any prejudice caused. The Supreme Court in State of Karnataka v. Sri Darshan,4 has reiterated that while informing the arrested person of the grounds of arrest is mandatory, neither Article 22(1) nor Section 50 Cr.P.C. (now Section 47 BNSS) requires that such communication must invariably be in writing, and that the absence of a written communication does not, by itself, vitiate the arrest unless demonstrable prejudice or denial of a fair opportunity to defend is shown.
10. In light of the above, none of the grounds urged by Mr. Chadha persuade this Court to grant bail to the Applicant.
11. No comments have been made on the merits of the case as none have been pressed.
12. As far as the medical condition of the Applicant is concerned, the concerned Jail Superintendent is directed to provide best possible treatment 4 2025 SCC OnLine SC 1702 BAIL APPLN. 4601/2025 Page 5 of 6 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 01/12/2025 at 22:22:45 in terms of the Jail Manual. In case the Applicant requires examination by doctors at the All India Institute of Medical Sciences, he may also be taken there for treatment.
13. With the above directions, no further directions are required.
14. Accordingly, the present bail application is dismissed along with pending application(s).
15. Copy of the order be sent to the concerned Jail Superintendent, for necessary information and compliance.
SANJEEV NARULA, J NOVEMBER 28, 2025/ab BAIL APPLN. 4601/2025 Page 6 of 6 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 01/12/2025 at 22:22:45