Parmanad @ Parveen vs State Nct Of Delhi on 9 March, 2026

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    Delhi High Court

    Parmanad @ Parveen vs State Nct Of Delhi on 9 March, 2026

                              $~4
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
    
                              %                                          Date of Decision: 09.03.2026
                              +      BAIL APPLN. 3959/2025
                                     PARMANAD @ PARVEEN                               .....Petitioner
                                                       Through:     Mr. Varun Deswal and Mr. Danish
                                                                    Khan, Advocates.
    
                                                       versus
    
                                     STATE NCT OF DELHI                               .....Respondent
                                                       Through:     Mr. Amit Ahlawat, APP for State
                                                                    with ACP Raj Kumar.
    
    
                                     CORAM:           JUSTICE GIRISH KATHPALIA
    
                              J U D G M E N T (ORAL)
    

    1. The accused/applicant seeks regular bail in case FIR No. 183/2024 of
    PS Crime Branch for offence under Section 20(B)(ii)(C)/29 NDPS Act and
    Section 209 BNS.

    2. Conduct of Delhi Police in this case is shocking, to say the least.
    Despite last detailed order (dated 16.01.2026), the concerned ACP (Mr.
    Satender Mohan, who filed the status report annexing tampered document)
    has opted not to appear. In his place, ACP Mr. Raj Kumar has come but
    submits that the concerned ACP Mr. Ajay Kumar has retired three months

    SPONSORED

    BAIL APPLN. 3959/2025 Page 1 of 5 pages
    Digitally signed by GIRISH KATHPALIA

    GIRISH
    DN: c=IN, o=HIGH COURT OF DELHI,
    2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
    Signature Not Verified 5569af3962c6fb4835d435f97626cacca,
    ou=HIGH COURT OF DELHI,CID – 7047638,

    KATHPALIA
    postalCode=110003, st=Delhi,
    serialNumber=d3e86796451ec45c07b5d155
    Digitally Signed 70996b40f80cbd2eee60402c487965ff801e26
    fa, cn=GIRISH KATHPALIA
    By:NEETU N NAIR Date: 2026.03.09 18:59:35 -07’00’

    Signing Date:09.03.2026
    18:05:51
    back and despite efforts, they could not contact the concerned ACP. Mr. Raj
    Kumar, ACP is obviously unable to explain the tampering. For convenient
    understanding, order dated 16.01.2026 is extracted below:

    “1. The accused/applicant seeks regular bail in case FIR No.
    183/2024 of PS Crime Branch for offence under Section
    20(B)(ii)(C)
    /29 NDPS Act.

    2. In furtherance of last order, learned counsel for
    accused/applicant has produced a copy of bail order of the
    transporter Jeewan. That bail seems to have been granted solely
    for the reason that grounds of arrest were not communicated to
    the accused/applicant.

    3. I further heard learned counsel for accused/applicant. The
    rigors of Section 37 NDPS Act would operate in this case as the
    quantity of ganja allegedly recovered from the
    accused/applicant was 46 kg.

    4. One of the serious arguments advanced on behalf of
    accused/applicant is that according to the entire prosecution
    case and the FIR, the alleged recovery was carried out at 08:00
    pm on 12.09.2024 and prior to that, FSL team was requisitioned
    for inspection of the spot and case property. The said requisition
    letter (page 123 of paperbook) is dated 13.09.2024. Further,
    even the crime scene report (page 124 of paperbook) shows the
    crime scene inspection being carried out from 10:00 pm to
    01:30 am of the next day and the same was carried out vide DD
    No. 254A dated 13.09.2024.

    5. Learned APP has submitted the status report, which is
    accepted across the board to be scanned and made part of
    record. Page 7 of the status report is another copy of the
    requisition letter bearing interpolation of the date in which the
    date has been converted from 13 to 12. Learned APP is unable
    to explain as to when this correction was carried out and in
    what manner. It is submitted by learned APP that the IO/SI
    Amolakh has not appeared and in his place SI Meenu has
    appeared but is not aware of the facts.

    6. In normal circumstances, this in itself should be a reason to
    release the accused/applicant on bail. But keeping in mind the
    gravity of charge and operation of Section 37 NDPS Act, I do
    not want to deprive the prosecution an opportunity to explain.

    7. On the next date, the concerned ACP shall personally appear

    BAIL APPLN. 3959/2025 Page 2 of 5 pages
    Digitally signed by GIRISH KATHPALIA

    GIRISH
    DN: c=IN, o=HIGH COURT OF DELHI,
    Signature Not Verified 2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
    69af3962c6fb4835d435f97626cacca, ou=HIGH
    COURT OF DELHI,CID – 7047638,

    KATHPALIA
    postalCode=110003, st=Delhi,
    Digitally Signed serialNumber=d3e86796451ec45c07b5d15570
    996b40f80cbd2eee60402c487965ff801e26fa,
    By:NEETU N NAIR cn=GIRISH KATHPALIA
    Date: 2026.03.09 18:59:25 -07’00’
    Signing Date:09.03.2026
    18:05:51
    with the IO to explain the circumstances.

    8. Relist on 09.03.2026 in Advance List.”

    3. Learned APP for State submits that the recovered quantity of ganja
    being commercial quantity, in view of rigours of Section 37 NDPS Act, the
    accused/applicant is not entitled to be released on bail. As regards the
    aforementioned discrepancy of dates, learned APP submits that it was just
    an inadvertent error insofar as the recovery in question took place on
    12.09.2024 only and the date of Daily Diary Entry was wrongly mentioned
    in the FSL requisition letter.

    4. As mentioned above, allegation against the accused/applicant is that at
    his instance 46 kg ganja was recovered and the same being commercial
    quantity, rigours of Section 37 NDPS Act would come into play.

    5. According to prosecution case, the alleged recovery was carried out at
    about 08:00pm on 12.09.2024 and prior to the alleged recovery, the IO
    requisitioned the FSL team on the spot for inspection of the spot and the
    case property. Obviously, for an anticipated recovery dated 12.09.2024, the
    FSL requisition letter would be dated 12.09.2024 or prior to that day, and
    not subsequent to that day. As reflected from FIR itself, the FSL team
    reached the spot and inspected the spot on 12.09.2024 prior to the alleged
    recovery of the contraband. But the said requisition letter (page 123 of the
    paperbook) is dated 13.09.2024. There is no explanation from prosecution
    side for this discrepancy.

    BAIL APPLN. 3959/2025 Page 3 of 5 pages
    Digitally signed by GIRISH KATHPALIA
    DN: c=IN, o=HIGH COURT OF DELHI,

    Signature Not Verified GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a
    fec45569af3962c6fb4835d435f97626ca
    cca, ou=HIGH COURT OF DELHI,CID –

    KATHPALIA
    7047638, postalCode=110003, st=Delhi,
    serialNumber=d3e86796451ec45c07b5
    Digitally Signed d15570996b40f80cbd2eee60402c48796
    5ff801e26fa, cn=GIRISH KATHPALIA
    By:NEETU N NAIR Date: 2026.03.09 18:59:12 -07’00’

    Signing Date:09.03.2026
    18:05:51

    6. Submission of learned APP that it was just an inadvertent error of date
    of the Daily Diary Number 254A, which crept in the FSL requisition letter
    fails to convince. Liberty of an individual cannot be allowed to be curtailed
    in such slipshod manner.

    7. Besides, the FSL in Crime Scene Report dated 20.02.2025 (page 124
    of the paperbook) mentioned the date of inspection as 13.09.2024, that too at
    more than one place in that report, which is in stark contrast with rest of the
    prosecution case, according to which the crime scene was inspected by the
    FSL team prior to the alleged recovery of the contraband on 12.09.2024.

    8. Worse is that when the status report was called for, the concerned
    ACP Mr. Satender Mohan (and not Mr. Ajay Kumar as submitted by ACP
    Mr. Raj Kumar appearing today) submitted status report dated 08.12.2025,
    annexing with the same a copy of the FSL requisition letter after
    interpolating the date of DD No.254A from 13.09.2024 to 12.09.2024. That
    interpolated letter is at page 7 of the status report dated 08.12.2025. It is Mr.
    Satender Mohan, ACP, who was called upon to appear and explain the
    circumstances because it is his report which accompanied the FSL
    requisition letter bearing tampered dates. But neither ACP Satender Mohan
    has appeared to explain nor any explanation has been advanced from the
    side of prosecution as to why he has not appeared. Rather, as mentioned
    above, the ACP present today contended that the erstwhile ACP was Mr.
    Ajay Kumar, who has retired. As if, after retirement the police officers go
    beyond the control of the department.

                              BAIL APPLN. 3959/2025                                   Page 4 of 5 pages
                                                                                              Digitally signed by GIRISH KATHPALIA
    
    
                                                                                 GIRISH
                                                                                              DN: c=IN, o=HIGH COURT OF DELHI,
    

    2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
    Signature Not Verified 569af3962c6fb4835d435f97626cacca,
    ou=HIGH COURT OF DELHI,CID – 7047638,

    KATHPALIA
    postalCode=110003, st=Delhi,
    serialNumber=d3e86796451ec45c07b5d1557
    Digitally Signed 0996b40f80cbd2eee60402c487965ff801e26f
    a, cn=GIRISH KATHPALIA
    By:NEETU N NAIR Date: 2026.03.09 18:59:02 -07’00’

    Signing Date:09.03.2026
    18:05:51

    9. I find substance in the submission of learned counsel for
    accused/applicant that there are reasonable grounds for believing that the
    accused/applicant has been falsely framed in this case and is not guilty of the
    offence for which he has been arrested, and he remains in jail since
    13.09.2024. Of course, on these aspects, the learned trial court shall take
    independent view at final stage on the basis of evidence adduced.

    10. Therefore, this bail application is allowed and the accused/applicant is
    directed to be released on bail, subject to his furnishing a personal bond in
    the sum of Rs.10,000/- with one surety in the like amount to the satisfaction
    of the learned trial court.

    11. Copy of this order be sent to the concerned Jail Superintendent for
    being conveyed to the accused/applicant.

    12. A copy of this order be sent to the Commissioner of Police with the
    directions to carry out detailed enquiry and to submit report within two
    weeks from today as regards the above mentioned tampering of dates.

    Digitally signed by GIRISH KATHPALIA

    DN: c=IN, o=HIGH COURT OF DELHI,

    GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4
    afec45569af3962c6fb4835d435f97626c
    acca, ou=HIGH COURT OF DELHI,CID –

    KATHPALIA
    7047638, postalCode=110003, st=Delhi,
    serialNumber=d3e86796451ec45c07b5
    d15570996b40f80cbd2eee60402c4879
    65ff801e26fa, cn=GIRISH KATHPALIA
    Date: 2026.03.09 18:58:49 -07’00’

    GIRISH KATHPALIA
    (JUDGE)
    MARCH 09, 2026/ry

    BAIL APPLN. 3959/2025 Page 5 of 5 pages

    Signature Not Verified
    Digitally Signed
    By:NEETU N NAIR
    Signing Date:09.03.2026
    18:05:51



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