Delhi High Court - Orders
Rohit Khanna vs State Of Nct Of Delhi on 16 September, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2849/2025
ROHIT KHANNA .....Petitioner
Through: Mr. Varun Deswal, Mr. Siddharth
Yadav, Mr. Rahul Sambaher, Mr.
Ayush Kumar Singh, Ms. Kashish
Ahuja, Ms. Sneha Bakshiram, Mr.
Rahul Yadav, Advocates.
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Tarang Srivastava, APP with IO
Prahlad, Special Cell.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
ORDER
% 16.09.2025
1. This is an application under Section 483 read with Section 528 BNSS filed on behalf of the applicant seeking grant of bail in case FIR No. 301/2023, under Section 22/29 NDPS Act.
2. Learned counsel for the applicant submits that the prosecution case qua the present applicant stems from the disclosure statement made by co- accused Yogesh Tulsani, but the same is inadmissible in evidence except to the information, which leads to the discovery of any fact. It is submitted that the averment in such disclosure statement that he was introduced to the applicant by Deepak Kapoor and the former started ordering medicines from him is inadmissible as no fact was discovered in consequence of the information received.
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3. It is argued that there is no evidence on record which could connect the present applicant to the godown in question and the resulted recovery of drugs. The rent agreement of the godown was found to have been executed between Shri Balaji Pharmaceuticals represented through the wife of the applicant namely Kanika Khanna and Rahul Mehta and that too was in force from 18.08.2021 till the expiry of 11 months, after which, the wife of the applicant had taken another premises on rent.
4. It is contended that the applicant has no connect with the firm Shri Balaji Pharmaceuticals. The license of the firm has been issued in the name of Kanika Khanna and Manmeet Singh. However, Manmeet Singh has not been even cited as a witness in the present case. The key with which the applicant had allegedly opened the godown has neither been seized at the instance of the applicant nor was recovered from his personal search. No photograph of the key has been taken. Though, the prosecution claims to have photographed the recovered articles from the spot from the mobile phone make One Plus 9 R owned by SI Prahlad Ray, the photographs taken depict details, "VIVO X90 Zeiss", which falsifies the prosecution case.
5. It is argued that neither any drugs were recovered in consequence of disclosure made by the applicant and nor any other accused, has been arrested at the instance of the present applicant and the allegations are totally false and baseless.
6. Per contra, the bail application has been opposed by the learned APP, arguing that the total weight of the psychotropic substance recovered at the instance of the applicant is approximately 10.04 kgs., whereas, the commercial quantity of the psychotropic substance Clonazepam is 100 grams. He submits that the issues raised in the argument are subject matter 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 18/09/2025 at 22:18:07 of trial. It is argued that even though, the key has not been seized and its photographs were not taken, but the recovery stands substantiated by the independent witnesses i.e. the landlord and the Drug Controller. He further submits that the mobile phone of the applicant containing more than one thousand recorded conversations with multiple retailers have been sent to FSL for analysis. He states that the allegations against the present applicant are grave and serious in nature, and therefore, he is not entitled for the grant of bail.
7. As per prosecution case, on the basis of a secret information, a joint raid was conducted by the team of Special Cell with the staff of Drugs Control Department. Co-accused Yogesh Tulsani was apprehended while loading seven plastic bags containing cartons having a total of 218990 tablets of Tramadol/psychotropic substances with the name "Trampar-100"
and "Trakem" in an auto rickshaw. He disclosed that the cartons were procured by him from one of his associates Raju through an auto rickshaw driver Arvind Kumar Sharma.
8. In the meanwhile, another auto rickshaw came at the same location having suspicious cartons loaded inside the auto followed by another auto driven by co-accused Arvind Kumar Sharma. Arun Kumar, driver of one of the auto rickshaws, disclosed that he has brought the cartons on the instructions of Arvind Kumar Sharma. Five cartons containing "Tramadol" tablets in the name of "Tramper-100" containing 121500 "Tramadol" tablets were recovered at the instance of co-accused Arvind Kumar Sharma.
9. Upon interrogation, co-accused Yogesh Tulsani disclosed that he had sent huge quantity of psychotropic substances to petitioner Rohit Khanna @ Honey at Amritsar, Punjab on the instructions of his associate Raju.
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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 18/09/2025 at 22:18:07
10. On 27.12.2023, Yogesh Tulsani gave a supplementary disclosure statement that petitioner Rohit Khanna @ Honey was introduced to him by one Deepak Kapoor as his partner and thereafter Rohit Khanna also started to buy psychotropic substances from him.
11. A raid was conducted at the office/premises of the firm Shri Balaji Pharmaceuticals at the instance of accused Yogesh Tulsani. He pointed out towards the above-mentioned godown and disclosed that he had supplied illegal psychotropic substances in the said godown. The premise was found locked. The landlord Rahul Mehta told that he gave this premises on rent to Rohit Khanna @ Honey in 2021 and the rent agreement was executed between him and Kanika Khanna, wife of Rohit Khanna. He further mentioned that he was receiving rent of his godown from Rohit Khanna @ Honey.
12. Petitioner Rohit Khanna @ Honey was called at the spot. He opened the godown with the key brought by him. During search, two cartons and one black colour polythene containing Petril-MD (total 37650 tablets) having psychotropic substance Clonazepam were found in the premises. The applicant failed to produce any purchase record of the recovered substances.
13. The FSL result confirmed that the recovered substance was Clonazepam.
14. It is correct that the key allegedly used by the petitioner for opening the godown has not been recovered and no photograph of the key was taken but there are statements of the witnesses which substantiate the recovery. One of such witnesses is Koyle, who stated that he had been working for the applicant for the last 6-7 years and as per his directions, he used to collect 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 18/09/2025 at 22:18:07 medicines from different medical stores at Bhagirath Palace and send them to the applicant at Amritsar. According to him, the applicant used to send money to him through a bus conductor.
15. Rohit Sharma, Drug Inspector is also a witness of recovery from the godown at the instance of the present applicant. According to him, the keys of the premises were brought by the petitioner.
16. Landlord, Rahul Mehta, categorically stated in his statement under Section 161 Cr. PC that he had given the shop/godown to Rohit Khanna @ Honey on rent. However, the rent agreement was executed in favour of his wife Kanika Khanna. He is also one of the witnesses of recovery from the godown of the applicant.
17. Even though, there is no seizure of the keys or photographs taken, there is sufficient evidence of recovery of 10.04 kgs. of contraband at the instance of the applicant.
18. Applicant is stated to be one of the members of inter-state drugs syndicate, who procured the consignments of the illegal psychotropic substances from his associate Yogesh Tulsani. The recovery affected in this case is of commercial quantity of psychotropic substances as per NDPS Act.
19. While considering the bail application under Section 37 NDPS Act, the Court has to bear in mind the provisions of Section 37 of the NDPS Act which are mandatory in nature. The recording of finding as mandated in Section 37 is sine qua none for granting bail to the accused involved in the offences under the said Act. The twin conditions provided in the said Section are (i) satisfaction of the Court that there are reasonable grounds for believing that accused is not guilty of the alleged offence and (ii) he is not likely to commit an offence while on bail. Both these conditions are 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 18/09/2025 at 22:18:07 cumulative and not alternative.
20. In my view, the narrow parameter of bail available under Section 37 of the Act has not been satisfied in the facts of the present case. Applicant has not been able to overcome the twin hurdle of Section 37.
21. The allegations are grave and serious in nature. The recovered quantity of contraband is way above the commercial quantity. Hence, keeping in view the entire facts and circumstances and the nature and gravity of allegations and in view of bar under Section 37 NDPS Act, I am not inclined to grant bail to the applicant.
22. The petition is dismissed. However, it is made clear that observations made in this order are only for the purpose of disposal of the bail application and shall not come in the way while deciding the case on merits.
RAVINDER DUDEJA, J.
SEPTEMBER 16, 2025 RM 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 18/09/2025 at 22:18:07