Kajal Kumari vs State Govt. Of Nct Of Delhi on 8 July, 2025

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Delhi High Court - Orders

Kajal Kumari vs State Govt. Of Nct Of Delhi on 8 July, 2025

1. The present application under Sections 483 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (formerly Section 439 of the Code of Criminal Procedure, 19732) seeks regular bail in FIR No. 172/2023 registered under Sections 21, 29, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 19853 at P.S. Special Cell, Delhi.

2. A copy of the status report has been handed over across the Board and is taken on record.

3. Briefly, the case of the prosecution is as follows:

3.1. Certain mobile numbers were under lawful interception by the office of the Special Cell/NR & STF, Delhi and the users of these numbers were 1 "BNSS"

"Cr.P.C."

"the NDPS Act"

BAIL APPLN. 1778/2025 Page 1 of 11

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 09/07/2025 at 21:55:35 found to be engaged in suspicious conversations pertaining to the rate, weight, quality and price of drugs using coded language. On 30th June 2023, an intercepted call revealed that a drug delivery was scheduled for the same night. This information was conveyed to senior officers, pursuant to which a raiding team was constituted. The police were informed that two individuals, Manoj Kumar and his associate Bheem, were involved in drug trafficking and were expected to deliver heroin to a contact near Sector-1, Dwarka, between 10:45 PM and 11:15 PM. Acting on this, a raid was conducted and three individuals- Manoj Kumar, Bheem and Parveen, were apprehended. The police recovered 1050 grams of heroin was recovered from the possession of Parveen and an additional 500 grams was found in the car in which Manoj and Bheem were travelling. Consequently, the present FIR was registered and all three accused were arrested.

3.2. During investigation, Parveen's disclosure statement was recorded wherein he stated that the recovered contraband had been procured from Manoj and Bheem. He also disclosed that his wife, Kajal (the Applicant), and other associates assisted him in the drug trade. Police custody remand of Parveen and his associates was obtained for 7 days. During this remand, several recoveries were made at the instance of Parveen:

                          (1)       Cash amounting to INR 47,50,000/-;
                          (2)       320 grams jewellery items of gold and 300 grams of silver;
                          (3)       A vehicle bearing registration number DL3CCX2466 from Dwarka
                          Sector-21 Metro Station parking;
                          (4)       Documents related to property bearing Plot No. 50, Durga Vihar
                          Phase II, Dindarpur, Najafgarh;
                          (5)       Bank statements of Parveen and the Applicant revealing that Parveen



                          BAIL APPLN. 1778/2025                                                                            Page 2 of 11

This is a digitally signed order.

3.3. On the basis of Parveen's disclosure statement, raids were conducted at their joint residence, but she was found to be absconding and avoiding arrest. Non-Bailable Warrants were issued against her on 21st August 2023. 3.4. Acting on further secret information, on 13th September, 2023 a raid was conducted at Jhuggi No. 207, Sonia Gandhi Camp, Samalkha, Delhi, where the Applicant was found present along with her mother. The Applicant was served with a notice under Section 50 of the NDPS Act and declined to be searched before a Magistrate or Gazetted Officer. A personal search was conducted by Woman Constable Pooja, but no contraband was recovered from her person. However, upon a search of her residence, a powder-like substance suspected to be heroin was recovered from an almirah. The field-testing kit yielded a positive result for heroin. The Applicant was arrested on the spot after being informed of the grounds of arrest. An additional INR 4,10,000/- in cash was recovered from a bed at her residence, along with a weighing scale and packaging materials. 3.5. The Applicant was produced before the Metropolitan Magistrate and remanded to police custody for 3 days. During custodial interrogation, she was confronted with Call Detail Records and intercepted voice communications involving herself, Manoj, Bheem and other associates. She disclosed that she and her husband Parveen were jointly engaged in the sale of heroin from their residence and that they had derived substantial monetary benefit from the trade. Following Parveen's arrest, she continued the operation alone. At her instance, two properties - Plot No. 169, Shanti Vihar, Najafgarh and Plot No. 2-24-A, Prem Nagar, Najafgarh were BAIL APPLN. 1778/2025 Page 3 of 11 This is a digitally signed order.

3.6. Permission was sought and obtained from the Court for the Applicant's voice sampling and the process was conducted at FSL Rohini on 28th December, 2023. The intercepted mobile numbers indicated regular communication between the Applicant and arrested co-accused Manoj and Bheem regarding the pricing, quality and quantity of heroin. The Applicant's bank account statements were also analyzed and revealed frequent cash deposits. Proceedings under Section 68F of the NDPS Act were initiated against the accused and freezing orders have been passed by the competent authority.

3.7. On 19th October, 2013, acting on secret information, one Rahul @ Rohit was apprehended near Sonia Gandhi Camp, Samalkha. However, during the raid, he and his family members allegedly assaulted the police team to secure his release. As a result, FIR No. 482/2023 was registered under Sections 186, 353, 332, 509 and 354 of the IPC at P.S. Kapashera. Rahul @ Rohit was later arrested after completing necessary formalities. His disclosure statement confirmed that he supplied heroin to the Applicant and Parveen.

3.8. The chemical analysis report of the contraband seized from the Applicant's residence was received from FSL Rohini which stated that: "On Chemical TLC and GC-MS Examination, Exhibits HS1 were found to contain Diacetylmorphine, Acetaminophen, Caffeine, Codeine, Morphine Acetylcodeine, 6-Monoacetylmorphine and Alprazolam". 3.9. Voice samples of all the arrested accused persons were collected and sent to FSL Rohini for comparison with the intercepted calls. The FSL BAIL APPLN. 1778/2025 Page 4 of 11 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 09/07/2025 at 21:55:35 report confirmed that the voice samples matched, with the opinion stating that: "The voice exhibits of speakers are voice of the same persons. Voice matched."

4. Counsel for the Applicant submits that the Applicant has been falsely implicated and urges the following in support of her request for bail:

4.1. The Applicant was arrested on 13th September, 2023, pursuant to an alleged recovery of 240 grams of heroin from her residence. It is submitted that this constitutes an "intermediate quantity" under the NDPS Act. The seizure of 1050 grams of heroin is stated to have been effected solely from the possession of co-accused Parveen. Accordingly, the rigours of Section 37 of the NDPS Act, would not be attracted in the present case. 4.2. No recovery has been effected from the personal possession of the Applicant. The prosecution's case rests solely on the disclosure statement of co-accused Parveen and there is no independent or corroborative evidence linking the Applicant to the contraband in question and in the absence whereof, the Applicant's continued incarceration is unsustainable. 4.3. Co-accused Rohit @ Rahul, who is similarly placed, has already been granted regular bail by this Court by order dated 28th February, 2025, passed in BAIL APPLN. 1322/2024. Therefore, the Applicant is entitled to be released on bail on the grounds of parity.

4.4. The Applicant has clean antecedents and has deep roots in society.

Both the Applicant and her husband are currently in judicial custody, leaving their three minor children without parental care or support. In these circumstances, her continued detention would serve no meaningful purpose, particularly when the investigation stands concluded and the charge sheet has already been filed.

BAIL APPLN. 1778/2025 Page 5 of 11

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 09/07/2025 at 21:55:35

5. Mr. Mukesh Kumar, APP for State, vehemently opposes the Applicant's request for bail and submits the following:

5.1. The offence alleged is grave in nature and constitutes a serious threat to society. The Applicant is a key member of an inter-state drug syndicate and is actively engaged in narcotics trafficking. A total of 1790 grams of heroin has been recovered from and therefore, the statutory bar under Section 37 of the NDPS Act squarely applies.

5.2. As per the Call Detail Records and legally intercepted communications reveal that the Applicant was in regular contact with co-

accused Manoj, Bheem, Rohit and her husband Parveen, thereby establishing her close and continuous association with the other members of the syndicate.

5.3. A recovery of 240 grams of heroin was made from the Applicant's residence. Additionally, an amount of INR 4,10,000/- in cash, packaging materials and a weighing scale were recovered from the same premises. Furthermore, two immovable properties were identified at the instance of the Applicant, both of which are registered in her name and are alleged to have been acquired from the proceeds of the illicit drug trade. The bank account statements of the Applicant also reveal frequent cash deposits and include a fixed deposit of INR 5,00,000/-.

5.4. The Applicant's request for bail was previously rejected by the Sessions Court by order dated 24th March, 2025. The prosecution apprehends that if released, the Applicant may resume her involvement in drug trafficking activities and may also influence or intimidate prosecution witnesses.

6. The Court has considered the afore-noted facts and contentions. The BAIL APPLN. 1778/2025 Page 6 of 11 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 09/07/2025 at 21:55:35 investigation stands concluded, and the chargesheet and supplementary chargesheet have been filed. As per the prosecution's case, 1050 grams of heroin was recovered from the possession of co-accused Parveen. In addition, a further recovery of 240 grams of heroin, classified as "intermediate quantity", was made from the Applicant's residence. The pivotal issue that arises for consideration, therefore, is whether the contraband recovered from the co-accused can be cumulatively attributed to the Applicant on account of the alleged conspiracy, thereby attracting the bar under Section 37 of the NDPS Act. This question assumes particular importance in determining whether the statutory restrictions on grant of bail, applicable in cases involving "commercial quantity", would apply in the present matter.

7. The question of whether quantities recovered from co-accused can be clubbed to attract the threshold of "commercial quantity" has been addressed by Co-ordinate Benches of this Court. In Anita v. State (NCT of Delhi),4 the Court held that the quantity recovered from a co-accused cannot be attributed to the applicant at the stage of deciding a bail application under Section 37 of the NDPS Act. This view was subsequently reaffirmed in Anita @ Kallo v. The State (NCT of Delhi)5 where the Court reiterated that the recovery from a co-accused could not be clubbed with that from the applicant. Accordingly, the rigours of Section 37 were held inapplicable.

8. However, in Awadhesh Yadav v. State Govt. of NCT,6 Co-ordinate Bench of this Court took a nuanced approach. In that case, based on 4 BAIL APPLN. 1538/2022 5 Decision dated 18th July, 2023 passed in Bail Appln. 957/2023.

Judgement dated 29th November, 2023 passed in Bail Appl. 1692/2023 BAIL APPLN. 1778/2025 Page 7 of 11 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 09/07/2025 at 21:55:35 overwhelming material indicating a concerted conspiracy amongst the accused, the Court upheld the clubbing of quantities recovered from different individuals. Drawing upon various precedents, the Court culled out the governing principles applicable, at the stage of bail, while assessing the propriety of clubbing contraband quantities. The extracted portion of the judgment reads as follows:

"49. From the provisions of law and the essence of case-laws, as discussed above, following principles can be culled out governing clubbing of the quantity of contraband recovered from two or more co-accused, at the stage of bail:

i. invocation of offence of abetment and/or conspiracy under Section 29 of the Act is must for clubbing of quantity. However, there cannot be a straight jacket formula for clubbing the quantity of contraband recovered from all the accused, merely on the basis of invocation of offence under Section 29 of the Act. It will depend on the factual backdrop of each case and the incriminating material available against the accused persons. ii. the incriminating material relied upon to invoke the offence of abetment and/or conspiracy under Section 29 of the Act, has to be cogent and convincing against each one of the accused charged with the offence of abetment and/or conspiracy. iii. in a case where joint recovery of contraband has been effected from two or more co-accused, the recovered contraband cannot be equally divided amongst the number of accused to determine whether the quantity of contraband recovered in "commercial quantity" or not.

iv. where accused persons are travelling together in the same private vehicle individually carrying contraband, it will not be proper to consider the alleged recovery to be an individual recovery and the contraband recovered from all persons can be clubbed.

v. if an accused is a habitual offender, it gives rise to an inference that he knows the tricks of the trade. In such a situation, previous involvement of the accused in the case(s) under the NDPS Act, is an additional factor which could be considered, besides other incriminating circumstances, for adding the quantities of contraband recovered from two or more co-accused.

50. Needless to state that the above noted circumstances are only illustrative and not exhaustive. As a matter of principle, bail applications are to be decided having regard to facts and circumstances of each case and the BAIL APPLN. 1778/2025 Page 8 of 11 This is a digitally signed order.

[Emphasis Supplied]

9. Now, turning to the facts at hand, a plain reading of the chargesheet and materials placed on record reveals that, apart from the disclosure statement of co-accused Parveen, the prosecution's case is resting on Call Detail Records indicating telephonic contact between the Applicant and other co-accused persons. It is also pertinent to note that Section 29 of the NDPS Act, which pertains to abetment and criminal conspiracy, has been invoked against the Applicant. However, in absence of transcripts, the question whether the exchange of calls is sufficient to establish an offence punishable under Section 29 of the NDPS Act, will be a matter to be examined during trial. At this stage, the material on record does not reveal any overt act or substantive role played by the Applicant beyond her alleged proximity to the co-accused. In such a situation, the mere invocation of Section 29 cannot, by itself, provide a valid basis for aggregating recoveries made from other individuals so as to attract the rigours of Section 37 of the NDPS Act. Thus, this Court is of the opinion that there are reasonable grounds for believing that the Applicant is not guilty of being in possession of "commercial quantity" of contraband.

10. In light of the foregoing discussion, although the co-accused Parveen is alleged to have been found in possession of 1050 grams of heroin, qualifying as "commercial quantity" such recovery cannot, at this preliminary stage, be mechanically attributed to the Applicant. Thus, the alleged recovery of 240 grams of heroin from the Applicant's premises would fall within the category of "intermediate quantity" under the NDPS Act. As a result, the stringent twin conditions stipulated under Section 37 of BAIL APPLN. 1778/2025 Page 9 of 11 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 09/07/2025 at 21:55:35 the NDPS Act would not be applicable. In view of the above, the Court is required to assess the prayer for regular bail under the general principles governing Section 483 of the BNSS (earlier Section 439 of Cr.P.C), de hors the limitations prescribed under Section 37 of the NDPS Act.

11. The Court also notes that co-accused Rohit @ Rahul, who is alleged to have supplied contraband to the Applicant and her husband, has already been granted regular bail by this Court by order dated 28th February, 2025 in BAIL APPLN. 1322/2024. In the absence of any distinguishing circumstance, the Applicant is also entitled to the benefit of parity.

12. Furthermore, as reflected in the Nominal Roll, as on 25th June, 2025, the Applicant has already undergone incarceration for a period of 1 year, 6 months and 6 days. The investigation in the matter stands concluded, the chargesheet has been filed and charges have also been framed. The Applicant does not have any prior criminal antecedents. Given the stage of proceedings and the fact that no further custodial interrogation is required, continued detention of the Applicant would serve no meaningful purpose.

13. The Applicant is, therefore, directed to be released on bail on furnishing a personal bond for a sum of INR 50,000/- with two sureties of the like amount, subject to the satisfaction of the Trial Court/Duty MM, on the following conditions:

a. The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever; b. The Applicant shall under no circumstance leave the country without the permission of the Trial Court;

BAIL APPLN. 1778/2025 Page 10 of 11

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 09/07/2025 at 21:55:35 c. The Applicant shall appear before the Trial Court as and when directed;

d. The Applicant shall provide the address where he would be residing after his release and shall not change the address without informing the concerned IO/ SHO;

e. The Applicant shall, upon his release, give his mobile number to the concerned IO/SHO and shall keep his mobile phone switched on at all times; f. The Applicant shall report to the concerned PS on first Monday every 3 months.

14. In the event of there being any FIR/DD entry / complaint lodged against the Applicant, it would be open to the State to seek redressal by filing an application seeking cancellation of bail.

15. It is clarified that any observations made in the present order are for the purpose of deciding the present bail application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case.

16. The bail application is allowed in the afore-mentioned terms.

SANJEEV NARULA, J JULY 8, 2025 nk BAIL APPLN. 1778/2025 Page 11 of 11 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 09/07/2025 at 21:55:35

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