Saqlain Raza Khan vs State Of Nct Of Delhi on 19 March, 2026

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    Delhi High Court

    Saqlain Raza Khan vs State Of Nct Of Delhi on 19 March, 2026

                              $~60
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              %                                             Date of Decision: 19.03.2026
                              +      BAIL APPLN. 1998/2025, CRL.M.A. 16274/2025 & CRL.M.A.
                                     16275/2025
    
                                     SAQLAIN RAZA KHAN                                     .....Petitioner
                                                        Through:      Mr. Meghan, Advocate.
    
                                                        versus
    
                                     STATE OF NCT OF DELHI                                .....Respondent
                                                        Through:      Mr. Amit Ahlawat, APP for State
                                                                      with SI Narender Singh.
    
                                     CORAM:            JUSTICE GIRISH KATHPALIA
    
    
                              J U D G M E N T (ORAL)
    

    1. The accused/applicant seeks regular bail in case FIR No.76/2024 of
    PS Crime Branch for offence under Section 20/25/29 NDPS Act.

    1.1 This bail application came up for the first hearing on 26.05.2025
    before the predecessor bench and thereafter continued getting adjourned
    before different benches. Along with 179 such old pending bail applications,
    this application also was transferred to this bench.

    SPONSORED

    1.2 Today is the first hearing before me. I have heard learned counsel for
    accused/applicant and learned APP for State assisted by IO/SI Narender
    BAIL APPLIN. 1998/2025 Page 1 of 5 pages
    Digitally signed by GIRISH KATHPALIA

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

    KATHPALIA
    postalCode=110003, st=Delhi,
    serialNumber=d3e86796451ec45c07b5d15570

    Digitally Signed 996b40f80cbd2eee60402c487965ff801e26fa,
    cn=GIRISH KATHPALIA
    Date: 2026.03.19 18:08:22 -07’00’
    By:DIKSHA RAWAT
    Signing Date:19.03.2026
    18:09:46
    Singh.

    2. Broadly speaking, the prosecution case is that on the basis of secret
    information, the police party intercepted a car, in which were two occupants,
    namely Nibash Biswas and Saurabh Singh. On being searched, 80 kg of
    ganja was recovered from that car. The accused/applicant is registered
    owner of that car. The role ascribed to the accused/applicant is of a
    conspirator under Section 29 NDPS Act and as regards evidence of the
    alleged conspiracy, the investigator collected material according to which
    the accused/applicant along with the other two co-accused made three trips
    to Odisha prior to being apprehended and they stayed in the same hotel.

    3. Learned counsel for accused/applicant contends that there is no
    sufficient material to convict him. Most significantly, learned counsel for
    accused/applicant contends that the accused/applicant was never furnished
    grounds of arrest, which is a serious violation of his constitutional right
    under Article 22 of the Constitution of India.

    4. Learned APP assisted by IO/SI Narender Singh opposes the bail
    application on the ground that the quantity of contraband recovered from the
    accused/applicant is a commercial quantity, so twin conditions under
    Section 37 NDPS Act would come into play. As regards supply of grounds
    of arrest, it is contended by learned APP that the same were supplied
    through the application filed before the learned trial court for first remand.

    BAIL APPLIN. 1998/2025 Page 2 of 5 pages
    Digitally signed by GIRISH KATHPALIA
    DN: c=IN, o=HIGH COURT OF DELHI,
    Signature Not Verified GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
    c45569af3962c6fb4835d435f97626cacca,
    ou=HIGH COURT OF DELHI,CID – 7047638,

    KATHPALIA
    postalCode=110003, st=Delhi,
    Digitally Signed serialNumber=d3e86796451ec45c07b5d1
    5570996b40f80cbd2eee60402c487965ff8
    By:DIKSHA RAWAT 01e26fa, cn=GIRISH KATHPALIA
    Date: 2026.03.19 18:08:12 -07’00’

    Signing Date:19.03.2026
    18:09:46

    5. In the case of Mihir Rajesh Shah vs State of Maharashtra & Anr.,
    2025 INSC 1288, the Supreme Court recapitulated the legal position as
    regards the requirement to furnish grounds of arrest to an accused and held
    thus:

    “24. In Prabir Purkayastha (supra), of which, one of us was a
    member (B.R. Gavai, J., as he then was), this Court reiterated the
    principle laid down in the above judgment, while dealing with
    offences under UAPA and held that any individual arrested for
    alleged commission of offences under the UAPA or any other offence
    for that matter, has both a fundamental and a statutory right to be
    informed in writing such grounds of arrest. The Court further held
    that a copy of such written grounds must be furnished to the arrested
    person at the earliest without any exception observing that the
    communication provided under Article 22 and Section 50 of CrPC
    1973 (now Section 47 of BNSS 2023)is not a mere procedural
    formality but a vital safeguard with the ultimate objective to enable
    the arrested person to effectively consult legal aid and be prepared to
    raise objections in remand hearing and apply for his/her bail. The
    right to life and personal liberty, safeguarded under Articles 20, 21
    and 22 of the Constitution, stands as the paramount fundamental
    right. Accordingly, infringement of these constitutional protections
    commands rigorous judicial scrutiny and strict enforcement.

    25. It was said that any breach of the constitutional safeguards
    provided under Article 22 would vitiate the lawfulness of arrest and
    subsequent remand and entitle the arrested person to be set at
    liberty…

    56. In conclusion, it is held that:

    i) The constitutional mandate of informing the arrestee the grounds
    of arrest is mandatory in all offences under all statutes including
    offences under IPC 1860 (now BNS 2023);

    ii) The grounds of arrest must be communicated in writing to the
    arrestee in the language he/she understands;

    iii) In case(s) where, the arresting officer/person is unable to
    communicate the grounds of arrest in writing on or soon after arrest,
    it be so done orally. The said grounds be communicated in writing
    within a reasonable time and in any case at least two hours prior to
    production of the arrestee for remand proceedings before the

    BAIL APPLIN. 1998/2025 Page 3 of 5 pages
    Digitally signed by GIRISH KATHPALIA

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

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

    KATHPALIA
    postalCode=110003, st=Delhi,
    serialNumber=d3e86796451ec45c07b5d1557
    Digitally Signed 0996b40f80cbd2eee60402c487965ff801e26fa,
    cn=GIRISH KATHPALIA
    Date: 2026.03.19 18:08:03 -07’00’
    By:DIKSHA RAWAT
    Signing Date:19.03.2026
    18:09:46
    magistrate.

    iv)In case of non-compliance of the above, the arrest and subsequent
    remand would be rendered illegal and the person will be at liberty to
    be set free.”

    (emphasis supplied)

    6. Going by the above cited legal position, there cannot be a dispute that
    failure to furnish grounds of arrest would vitiate arrest, thereby entitling the
    accused to bail.

    7. In the present case also, prosecution does not dispute the
    abovementioned legal position. The stand taken by the prosecution is that
    grounds of arrest were duly supplied to the accused/applicant by way of the
    application for first remand filed before the trial court. But neither in the
    first remand order of the learned trial court nor even in the application for
    first remand, it is disclosed that copy of the application was furnished to the
    accused/applicant. There is no endorsement on the ordersheet of the trial
    court or even the first remand application reflecting that a copy thereof was
    supplied to the accused/applicant. That being so, it is clear that a
    constitutional right of the accused/applicant was violated.

    8. So far as the twin conditions under Section 37 NDPS Act are
    concerned, of course, the statutory requirements cannot make inroads into
    the same. But in the present situation, it is the constitutional requirement,
    which stands at a footing much higher than the statutory requirements. It is
    the constitutional right of an arrested person to be supplied with grounds of
    arrest in view of the above cited law.

                              BAIL APPLIN. 1998/2025                                                  Page 4 of 5 pages
                                                                                                          Digitally signed by GIRISH KATHPALIA
    
    
                                                                                              GIRISH
                                                                                                          DN: c=IN, o=HIGH COURT OF DELHI,
    

    2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
    Signature Not Verified 69af3962c6fb4835d435f97626cacca, ou=HIGH
    COURT OF DELHI,CID – 7047638,

    KATHPALIA
    postalCode=110003, st=Delhi,
    serialNumber=d3e86796451ec45c07b5d15570
    Digitally Signed 996b40f80cbd2eee60402c487965ff801e26fa,
    cn=GIRISH KATHPALIA
    Date: 2026.03.19 18:07:53 -07’00’
    By:DIKSHA RAWAT
    Signing Date:19.03.2026
    18:09:46

    9. In view of above discussion, the 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.25,000/- with one surety in the like amount
    to the satisfaction of the Trial Court. Accompanying applications also stand
    disposed of.

    10. A copy of this order be immediately transmitted to the concerned Jail
    Superintendent for informing the accused/applicant.

    Digitally signed by GIRISH KATHPALIA

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

    GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
    c45569af3962c6fb4835d435f97626cacca,
    ou=HIGH COURT OF DELHI,CID – 7047638,

    KATHPALIA
    postalCode=110003, st=Delhi,
    serialNumber=d3e86796451ec45c07b5d1
    5570996b40f80cbd2eee60402c487965ff80
    1e26fa, cn=GIRISH KATHPALIA
    Date: 2026.03.19 18:07:41 -07’00’

    GIRISH KATHPALIA
    (JUDGE)
    MARCH 19, 2026/dr

    BAIL APPLIN. 1998/2025 Page 5 of 5 pages

    Signature Not Verified
    Digitally Signed
    By:DIKSHA RAWAT
    Signing Date:19.03.2026
    18:09:46



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