Mujabil vs Gnct Delhi on 6 April, 2026

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    Delhi High Court – Orders

    Mujabil vs Gnct Delhi on 6 April, 2026

    Author: Prateek Jalan

    Bench: Prateek Jalan

                              $~6 & 7
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
    
                              +         BAIL APPLN. 140/2026
                                        MUJABIL                                                               .....Petitioner
                                                       Through:                           Mr. Mohd. Yasin, Mr. Dawneesh
                                                                                          Shaktnats, Ms. Sumaiya Khan and
                                                                                          Mr. Sami Ahmed, Advocates.
    
                                                                      versus
    
                                        GNCT DELHI                                                           .....Respondent
                                                                      Through:            Mr. Yudhvir Singh Chauhan, APP.
                                                                                          Mr. Vijay Kumar, P.S. Kalkaji.
                              +         BAIL APPLN. 384/2026
                                        SHAHID @ AABU                                                         ..... Petitioner
                                                       Through:                           Mr. Shan Ul Islam, Advocate.
    
                                                                      versus
    
                                        STATE OF NCT OF DELHI                                                .....Respondent
                                                      Through:                            Mr. Yudhvir Singh Chauhan, APP.
                                                                                          Mr. Vijay Kumar, P.S. Kalkaji.
    
                              CORAM:
                              HON'BLE MR. JUSTICE PRATEEK JALAN
    
                                                                      ORDER
    

    % 06.04.2026

    1. By way of the present applications under Section 483 of the
    Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants seek grant of
    regular bail in connection with FIR No. 670/2024 dated 09.12.2024,
    registered at Police Station Kalkaji, District South-East, New Delhi,
    under Sections 20/29 of the Narcotic Drugs and Psychotropic Substances
    Act, 1985 [“the Act”].

    SPONSORED

    BAIL APPLN. 140/2026 & BAIL APPLN. 384/2026 Page 1 of 8

    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 06/04/2026 at 21:40:06

    2. I have heard Mr. Mohd Yasin and Mr. Shan Ul Islam, learned
    counsel for the applicants in BAIL APPLN. 140/2026 and BAIL APPLN.
    384/2026, respectively, and Mr. Yudhvir Singh Chauhan, learned
    Additional Public Prosecutor for the State.

    3. The State has also placed on record status reports.

    4. The case of the prosecution, as it emerges from the status reports, is
    that, on 09.12.2024, the applicants were apprehended while carrying a
    black bag. Upon search, it was found that they were carrying 21.95
    kilograms of “ganja” in the said bag. They were arrested on the same
    day. Upon examination of their mobile phones, it was found that Shahid
    @ Aabu [applicant in BAIL APPLN. 384/2026] had received
    photographs of the narcotic substance from one Yunus @ Mukhiya. The
    mobile phones also show Call Detail Record connectivity between the
    applicants herein and co-accused Yunus @ Mukhiya. Yunus @ Mukhiya
    is yet to be arrested.

    5. In support of the present applications, Mr. Yasin and Mr. Islam
    submit that the alleged recovery of the contraband substance in the
    present case is of 21.95 kgs, which, even according to the Seizure Memo,
    included ‘dried leaves and small branches’. They submit that the seized
    substance in the present case does not answer to the statutory definition of
    “ganja” and that, in any event, the quantity of contraband cannot be
    determined, as the substance was admittedly weighed inclusive of leaves
    and stalk, which do not constitute “ganja” as per the Act. In this
    connection, they draw my attention to the definition of “ganja” in Section
    2(iii)(b)
    of the Act, and the judgments of a Coordinate Bench of this

    BAIL APPLN. 140/2026 & BAIL APPLN. 384/2026 Page 2 of 8
    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 06/04/2026 at 21:40:06
    Court in Ravina Kumari v. the State (NCT of Delhi)1, and Ashok Kumar v.
    State Govt. of NCT of Delhi2
    , as well as a judgment of this Court in
    Manjay Kumar v. State NCT of Delhi3. Mr. Yasin has handed over a copy
    of the said judgments, as well as the chargesheet and accompanying
    documents, which are taken on record.

    6. Mr. Chauhan, on the other hand, submits that the Forensic Science
    Laboratory [“FSL”] report has already been received, which confirms that
    the sampled goods are “ganja” within the meaning of the Act. The
    quantity of ganja seized being over 20 kg, Mr. Chauhan further submits
    that the rigours of Section 37 of the Act would apply.

    7. The definition of “ganja” as provided in Section 2(iii)(b) of the
    Act, reads as follows:

    “(b) ganja, that is, the flowering or fruiting tops of the cannabis plant
    (excluding the seeds and leaves when not accompanied by the tops), by
    whatever name they may be known or designated;”

    8. The Seizure Report dated 09.12.2024, which forms part of the
    chargesheet, records that the bag was full of dried leaves and small
    branches, which appeared to be ganja by smell and sight4. The
    chargesheet also includes an order of the learned Magistrate’s Court dated
    21.12.2024 at the time of sampling under Section 52A of the Act. In the
    aforesaid order, it is recorded that a “muddy brown substance” was
    produced before the Court, from which the samples were extracted. The
    FSL report dated 21.02.2025 has not been referred to in the status reports

    1
    BAIL APPLN. 1256/2024, decided on 20.09.2024 [hereinafter, “Ravina Kumari”].

    2

    BAIL APPLN. 2962/2025 and connected matter, decided on 21.11.2025 [hereinafter, “Ashok
    Kumar”].

    3

    BAIL APPLN. 4206/2025 and connected matter, decided on 19.03.2026 [hereinafter, “Manjay
    Kumar”].

    BAIL APPLN. 140/2026 & BAIL APPLN. 384/2026 Page 3 of 8

    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 06/04/2026 at 21:40:06
    filed by the State. However, a copy thereof also forms part of the
    chargesheet. In the said report, the exhibit is described as “Dried greenish
    brown coloured flowering and fruiting tops vegetative material, kept in a
    plastic container, weight approx. 48.4gm”. Upon examination, it was
    found to be “Ganja (Cannabis)”.

    9. The order/judgments of this Court cited by Mr. Yasin deal with
    similar situations, where the seized goods comprise a mixture of
    “flowering buds and fruiting tops” as well as other materials like leaves,
    stems, seeds, and stalk. The judgment in Ravina Kumari analyses the
    definition of “ganja” as follows:

    “17. From the definition, it is evident that flowering buds and fruiting
    tops of the cannabis plant would be covered under section 2 (iii)(b) but
    merely leaves /seeds and stalks would not form a part of the definition
    of “Ganja” unless accompanied by the flowering and fruiting tops.

    18. This can be represented accurately by the below Venn diagram:-

    19. Thus, the intention of the Legislature appears to be clear that in
    case of Ganja, if it is merely Category A i.e. a homogenous mixture of
    flowering buds and fruiting tops, then the same would fall within the
    meaning of “Cannabis”, however, if it is merely Category B i.e. a
    homogenous mixture of seeds/leaves/stalks without the fruiting tops
    and buds, then the same would not attract the provisions of the NDPS
    Act
    .

    20. Though the position with respect to homogenous mixtures i.e.
    Category A & B is clear, there is often a conundrum surrounding the

    4
    The Seizure Memo was recorded in Hindi, and has been translated in English by me.

    BAIL APPLN. 140/2026 & BAIL APPLN. 384/2026 Page 4 of 8

    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 06/04/2026 at 21:40:06
    quantification of Category C, i.e. the overlap between Category A and
    Category B constituting the heterogenous mixtures which include both
    the flowering tops and fruiting buds, along with the stems/ leaves and
    seed.

    21. From the framework of the entire NDPS Act and a reading of S. 2

    (iii)(b), it emerges that if the material seized is a heterogenous
    mixture/Category C, constituting of Category A mixed with Category
    B, the placebo material such as stalks/leaves/stems (Category B)
    would not constitute an actual part of the drug and only the actual
    content and weight of the narcotic drug (Category A) would be
    relevant for determining whether it would constitute small quantity
    or commercial quantity.

    xxxx xxxx xxxx xxxx

    26. Pertinently, the recovered quantity of about 24.145 Kg was just
    4.145 kgs more than the commercial quantity. Since, the entire
    substance including stems/stalks and dried leaves were weighed
    together without quantifying the weight of the flowering or fruiting
    tops, the quantity of ‘Ganja’ seized from the Applicant may be less than
    commercial quantity so as to attract Section 20 of the NDPS Act. The
    weight of actual Ganja recovered is a matter of trial.

    27. It has been consistently held that if there is a prima facie
    discrepancy in what was seized and what was analysed and weighed
    and there are reasonable grounds to believe that the petitioner is not
    guilty of offences dealing in commercial quantity. Consequently, the
    rigors of Section 37 of the NDPS Act, 1985 for grant of regular bail,
    would not become applicable as has been held in the case of Ibrahim
    Khwaja Miya Sayyed (Supra)5.

    28. In the case of Suresh Kumar (Supra)6, the Coordinate Bench of this
    Court gave benefit to the accused under Section 20 (b) (C) to 20

    (b)(ii)(B) by observing that the weight of the contraband was not
    precise and the actual quantity of Ganja seized could not be
    determined because the FSL reflected that seeds, which do not come
    within the definition of Ganja, were weighed along with the flowering
    and fruiting tops. Thus, when there is a doubt on the actual amount
    of recovery of contraband, then this unexplained discrepancy would
    result in a benefit accruing in favour of the bail applicant.

    29. Similar observations have been made in the case of Rajesh Sharma
    (Supra)7, Bettanayaka (Supra)8, Ratanlal (Supra)9 and Ratnesh

    5
    Ibrahim Khwaja Miya Sayyed v. State of Maharashtra
    , 2023 SCC OnLine Bom 2873.

    6

    Suresh Kumar v. State (Govt. of NCT of Delhi), 2016 SCC OnLine Del 1209.

    7

    Rajesh Sharma v. State of Rajasthan, 2024 SCC OnLine Raj 485.

    8

    Bettanayaka v. State of Karnataka, 2020 SCC OnLine Kar 3916.

    9

    Ratanlal Kharadi v. State of M.P., 2019 SCC OnLine MP 6083.

    BAIL APPLN. 140/2026 & BAIL APPLN. 384/2026 Page 5 of 8

    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 06/04/2026 at 21:40:06
    (Supra)10.

    30. In light of the above discussion, it is settled that if there is the
    discrepancy in weight, as in the present case, the same would be a
    11
    matter of trial.”

    10. The same view was taken in Ashok Kumar, and followed in
    Manjay Kumar. In Manjay Kumar, although this aspect was referred to,
    the Court also came to a prima facie finding that the sampling procedure
    adopted was not in consonance with the requirement of the Narcotic
    Drugs and Psychotropic Substances (Seizure, Storage, Sampling and
    Disposal) Rules, 2022.

    11. Applying the binding judgment of this Court in Ravina Kumari to
    the facts of the present case, it is evident that the materials seized were
    not comprised only of “flowering or fruiting tops”, as the Seizure Memo
    itself refers to ‘dried leaves and small branches’. The weight of the
    contraband is 21.95 kilograms, which is only marginally in excess of the
    threshold for commercial quantity of ganja [20 kilograms and above]. In
    a similar situation, this Court in Ravina Kumari and Ashok Kumar
    granted bail, holding that the application of Section 37 of the Act was
    rendered doubtful.

    12. Mujabil [applicant in BAIL APPLN. 140/2026] has been in
    custody for approximately 1 year and 4 months, and Shahid @ Aabu
    [applicant in BAIL APPLN. 384/2026] has been in custody for 1 year.
    The charges have been framed, but prosecution evidence has not yet
    commenced, for which 16 witnesses have been cited by the prosecution.
    The trial is thus likely to take substantial time.

    10

    Ratnesh v. State, 2017 SCC OnLine Del 9883.

    11

    Emphasis supplied.

    BAIL APPLN. 140/2026 & BAIL APPLN. 384/2026 Page 6 of 8

    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 06/04/2026 at 21:40:06

    13. It is stated by Mr. Chauhan that there are no prior involvements of
    either of the applicants. He further states that Mujabil [applicant in BAIL
    APPLN. 140/2026], was only 18 years of age at the time of arrest, and
    Shahid @ Aabu [applicant in BAIL APPLN. 384/2026], has been
    released on interim bail on three occasions, in respect of which, there is
    no allegation of misuse of bail.

    14. Having regard to the above factors, it is directed that the applicants
    be released on bail in connection with FIR No. 670/2024 dated
    09.12.2024, registered at Police Station Kalkaji, District South-East, New
    Delhi, under Sections 20/29 of the Act, subject to furnishing a personal
    bond in the sum of Rs. 35,000/- each, with one surety each in the like
    amount, to the satisfaction of the concerned Trial Court/Duty Magistrate,
    and further subject to the following conditions:

    a. The applicants shall appear before the learned Special Court on
    each and every date of hearing.

    b. If the applicants have passports, they shall surrender the same to
    the concerned Trial Court, and shall not leave the country without
    the prior permission of the concerned Trial Court.
    c. The applicants shall ordinarily reside at the address as per prison
    records, and shall not change the addresses without informing the
    concerned Investigating Officer [“IO”]/ Station House Officer
    [“SHO”].

    d. The applicants shall furnish their mobile numbers to the concerned
    IO/SHO, and shall ensure that the said mobile numbers remain
    operational and switched on at all times. The mobile numbers shall

    BAIL APPLN. 140/2026 & BAIL APPLN. 384/2026 Page 7 of 8
    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 06/04/2026 at 21:40:06
    not be changed, nor shall the phones be switched off, without prior
    intimation to the IO/SHO.

    e. The applicants shall not, directly or indirectly, contact, nor visit,
    nor offer any inducement, threat, or promise to any of the
    prosecution witnesses or other persons acquainted with the facts of
    the case.

    f. The applicants shall not, directly or indirectly, tamper with
    evidence nor otherwise indulge in any act or omission that would
    prejudice the proceedings in the pending trial.
    g. The applicants shall not commit any offence during the pendency
    of the proceedings.

    15. The bail applications are disposed of in terms of the above.

    16. It is clarified that the observations made herein are solely for the
    purpose of adjudication of the present bail applications, and shall not be
    construed as an expression of opinion on the merits of the case, nor shall
    they prejudice the rights and contentions of the parties at any stage of the
    proceedings.

    17. A copy of this order be sent to the concerned Jail Superintendent
    for information and necessary compliance.

    PRATEEK JALAN, J
    APRIL 6, 2026
    SS/KA/

    BAIL APPLN. 140/2026 & BAIL APPLN. 384/2026 Page 8 of 8
    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 06/04/2026 at 21:40:06



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