Delhi High Court – Orders
Sarabjeet Singh vs Narcotics Control Bureau on 25 April, 2026
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3753/2025
SARABJEET SINGH .....Applicant
Through: Mr. Vikram Hegde and Mr. A.
Hansaraman, Advs.
Versus
NARCOTICS CONTROL BUREAU .....Respondent
Through: Ms. Shelly Dixit, Advocate for Mr.
Arun Khatri, SSC
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 25.04.2026
1. The present matter is being taken up for hearing today, since,
03.03.2026 was declared a holiday.
2. By virtue of the present application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Section 37 of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act),
the applicant seeks grant of regular bail in S.C. No. 4172023, Crime No.
VIII/24/DZU/2023 for the commission of offences punishable under
Sections 8(c)/20(b)/22(c)/23/27A/29 of the NDPS Act.
3. As per facts, on 29.05.2023, upon receipt of secret information,
accused Gajender Singh was intercepted by the raiding team when he
arrived at the DTDC Office for booking a parcel. Upon search, a recovery
of 15 LSD paper blots (weighing 0.3g) was effectuated at his instance and
additional recovery of 650 LDS Blots was also made from his home.
Thereafter, accused Gajender Singh, in his disclosure statement disclosed
BAIL APPLN. 3753/2025 Page 1 of 5
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that he used to book parcels on the directions of co-accused Shainu
Hathwar, who disclosed that she had purchased the LSD Blots from
Sarabjeet Singh/ present applicant. Based thereon, on 30.05.2023, a search
was conducted at the applicant’s house in Jaipur, wherefrom recovery of
9006 LSD Blots and 1.116 Kg of Ganja along with Rs.4,65,500/- in cash
was effectuated.
4. Pursuant thereto, based on the disclosure statement made by the
applicant herein about other consignments of such nature, the following
recoveries were made: (i) 84 LSD Blots (45 LSD Blots weighing 0.7g and
39 LSD Blots weighing 0.7g) from Consignment bearing no.W60822411,
delivered to co-accused Manthan Raina in Noida; (ii) 5006 LSD Blots
from Parcel no.RR6739971691, intercepted at Post Office Mahasainik,
Pune; (iii) 100 LSD Blots from Parcel No.W60803432, intercepted at the
DTDC Courier Service, Kerala; and (iv) 100 LSD Blots from Parcel
No.W60803434, intercepted at the DTDC Express Ltd., Aminjikarai,
Chennai. Thereafter, the NCB filed its complaint before the learned
Special Judge NDPS, Patiala House Courts, New Delhi on 24.11.2023.
5. Mr. Vikram Hegde, learned counsel for the applicant primarily
submits that the applicant has been falsely implicated in the present case
as there is no material on record to show that the applicant had any
knowledge of the parcel or its alleged contents recovered from the co-
accused. Further, there is no credible link/ evidence to connect the alleged
recovery of LSD Blots from the co-accused with the parcels whose
receipts were purportedly recovered from the applicant.
6. He submits that the record reveals material inconsistencies in both
quantity and weight allegedly recovered from the applicant and produced
BAIL APPLN. 3753/2025 Page 2 of 5
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before the Court at the stage of proceedings under Section 52A of the
NDPS Act. Mark AA was recorded as comprising 5780 LSD Blots
weighing 147.24g, however, the same sample later shows an unexplained
increase of 82 LSD Blots as also reduction in weight by approximately 3
grams. Likewise, Mark BB, which was recorded at 56g at the time of
seizure, however, the same is shown as 56.41g, thereby undermining the
credibility of the prosecution’s evidence.
7. He further submits that the applicant has been in judicial custody
since 30.05.2023 i.e. for more two (2) years and nine (9) months as on
date, the chargesheet has already been filed, charges have been framed and
out of a total of forty six (46) witnesses only two (2) have been examined
till date, therefore, since trial is likely to take some time, keeping the
applicant in judicial custodial would not serve any fruitful purpose. Lastly,
he seeks to invoke the principle of parity, as the co-accused Shainu
Hatwar and Ravi Jhinga, have already been granted regular bail by this
Court vide judgments dated 03.03.2025 and 01.04.2025 respectively.
8. Per contra, Ms. Shelly Dixit, learned counsel for the State relying
upon the Status Report, opposes the present application and submits that
since the offence involves recovery of 9006 LSD Blots and 1.116 Kg of
Ganja from the house of the applicant, which constitutes a ‘commercial
quantity’ under the NDPS Act, therefore, the embargo of Section 37 of the
NDPS Act finds applicability and since the applicant has failed to satisfy
the twin test prescribed therein, he may not be granted bail.
9. She further submits that since it is upon the disclosure statement of
the applicant herein that subsequent recoveries from various DTDC
consignments/ parcels (traceable to have been dispatched by the applicant
BAIL APPLN. 3753/2025 Page 3 of 5
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herein) being 84 LSD Blots from Noida; 5006 LSD Blots from Pune; 100
LSD Blots from Kerela and 100 LSD Blots from Chennai has been
effectuated, it demonstrates a coordinated inter-state network for illicit
distribution of narcotic substances, particularly LSD Blots.
10. This Court has heard the learned counsels and perused the record.
11. The nature and gravity of the accusations levelled against the
applicant herein, more so, in view of the severity of the punishment
prescribed in the event of conviction, the role attributable to him are
severe and cannot be ignored. There is a huge recovery of 9006 LSD Blots
and 1.116 Kg of Ganja from the house of the applicant herein, and also
recoveries from the co-accused persons to the tune of 84 LSD Blots from
Noida; 5006 LSD Blots from Pune; 100 LSD Blots from Kerela and 100
LSD Blots from Chennai. These all reflect that the applicant is involved far
and wide, all across India. Since the quantities recovered reflect/ constitute
a ‘commercial quantity’ under the provisions of the NDPS Act, the rigours
of Section 37 of the NDPS Act are thus attracted.
12. This Court need not go into the alleged inconsistencies in both
quantity and weight allegedly recovered from the applicant at the stage of
proceedings under Section 52A of the NDPS Act, as the same are matters
of trial.
13. The applicant also cannot seek parity with the co-accused who have
been granted regular bail since the role assigned to him is that of primary
supplier of the LSD Blots. Also, the regular bail granted to the co-accused
Shainu Hatwar was on medical grounds.
14. In view of the overall facts and circumstances, grant of bail to the
applicant, at this stage, is uncalled for.
BAIL APPLN. 3753/2025 Page 4 of 5
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15. Accordingly, the present application is dismissed.
16. Needless to say, since the expression of opinion, if any, are for the
purposes of adjudicating the present application only, they shall have no
bearing on the overall merits/ trial involved.
SAURABH BANERJEE, J
APRIL 25, 2026/So/DA
BAIL APPLN. 3753/2025 Page 5 of 5
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 28/04/2026 at 21:11:19
