Ndps · The Daily Bench

Delhi High Court ·29 Sep 2026 ·Bail

Delhi HC grants bail in MCOCA drug-syndicate case on parity with sister freed by Supreme Court; Section 21(4) MCOCA met

The question: Is the appellant entitled to bail on parity with her co-accused sister, whom the Supreme Court released in the same prosecution?

The Delhi High Court has granted regular bail to Deepa Singh, accused of being part of an organised drug syndicate, holding that after the Supreme Court released her co-accused sister Anuradha in the same case, nothing in the material placed her on a qualitatively graver footing. Justice Sanjeev Narula held that, on broad probabilities, there were reasonable grounds for believing she was not guilty of the MCOCA offences alleged, which satisfied the first limb of Section 21(4) MCOCA, and that the second limb was also met. The appeal was filed under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 against an order of 3 September 2026 of the Special Exclusive Court-13 (MCOCA), Rouse Avenue Courts, rejecting her regular bail. FIR No. 186/2025 of P.S. Sultanpuri followed a raid on 10 March 2025 in which 385.53 grams, gross weight, of heroin and 47.09 grams of Tramadol were recovered. The prosecution invoked MCOCA against an alleged family-run syndicate headed by the appellant's mother, Kusum. The appellant and her sister Anuradha @ Chiku surrendered on 12 September 2025. Anuradha's bail appeal was dismissed by the High Court on 6 January 2026, but on 24 July 2026 the Supreme Court set that judgment aside and directed her release on bail.

Allowed CRL.A./939/2026

Himachal Pradesh High Court ·29 Sep 2026 ·Bail

Himachal HC refuses bail in NDPS case: 134 g heroin, five earlier NDPS FIRs; Section 37 not applying is no ground for bail

The question: Is the petitioner entitled to bail because the quantity recovered is below commercial quantity and Section 37 of the NDPS Act does not apply?

The Himachal Pradesh High Court has refused regular bail to a man found driving a car in which 134 grams of heroin was recovered, holding that he cannot be released merely because the rigours of Section 37 of the NDPS Act do not apply to a quantity below commercial quantity, and that his five earlier NDPS cases weighed against him. Justice Rakesh Kainthla held that six months in custody, without proof that the delay was due to the prosecution or the court, was not excessive, but left it open to the petitioner to return if the trial is not concluded expeditiously. The petitioner, Surender Kumar, sought regular bail in F.I.R. No. 53 of 2026, dated 2 March 2026, of Police Station Sundernagar, District Mandi, for offences under Sections 21, 25 and 29 of the NDPS Act. As per the prosecution, the police stopped a vehicle with registration HP 31-9134 on 2 March 2026, found a black polythene packet containing 134 grams of heroin, and arrested the petitioner, who was driving, and the co-accused Rinku, who was in the front seat. The sample was found by the forensic laboratory to be diacetylmorphine. The police have completed the investigation and filed the chargesheet.

Dismissed CRMPM/1705/2026

Gauhati High Court ·30 Sep 2026 ·Bail

Gauhati HC grants bail in heroin case: arrest vitiated as accused was produced before Magistrate beyond 24 hours

The question: Does production before the Remand Magistrate beyond 24 hours of arrest violate Article 22(2) and vitiate the arrest?

The Gauhati High Court has granted regular bail to an accused in an NDPS case on the ground that his arrest was vitiated by a violation of Article 22(2) of the Constitution, because he was produced before the Remand Magistrate about an hour beyond the 24-hour limit. Justice Pranjal Das accepted the subsequent bail petition filed under Section 483 BNSS on this new ground, applying parity with a co-accused who had already been granted bail on the same ground, and noted the Additional Public Prosecutor's fair concession that the 24 hours had been exceeded. The petitioner, Elias Ahmed @ Ilias Ahmed, was arrested on 18 June 2026 in Nagaon PS Case No. 470/2026 under Sections 21(c), 25 and 29 of the NDPS Act. The prosecution alleged that, on source information, a vehicle travelling from Silchar towards Guwahati was stopped at a naka on the Kathiathali-Borghat bypass road after the driver tried to flee, and that about 750.42 grams of suspected heroin, excluding soap boxes, was seized along with electronic items, with three persons apprehended. An earlier bail petition, BA 1906 of 2026, had been rejected on 26 August 2026.

Allowed Bail Appln./2745/2026