Ishwar vs State Nct Of Delhi

Girish Kathpalia, J

The accused/applicant seeks regular bail in case FIR No. 164/2022 of PS Vasant Kunj South for offence under Section 20/25 NDPS Act.

Broadly  speaking, allegation against  the  accused/applicant  is  that he was initially arrested in another case, bearing FIR No. 33/2016 on the allegation of recovery of 1060 kg ganja from him but he jumped bail and by way of chance recovery, once again 109.7 kg ganja was recovered from him leading to the present FIR. The FSL has confirmed the contraband allegedly recovered from the accused/applicant to be ganja.

In  his earlier  filed  bail application  (Bail Application  1264/2025), by way of order dated 08.08.2025 of this bench, the accused/applicant opted to confine himself to grant of bail only on the ground of delay in trial, but since he could not obtained certified copies of the ordersheets of trial court to show delay, that application (bail application 1264/2025) was sought and allowed to be withdrawn with liberty to file fresh bail application before the trial court.

Today, in the present bail application, initially learned counsel for accused/applicant contended that the allegedly recovered contraband cannot be  treated  to  be  ganja  because  there  is  no  mention  of  flowering  or  fruiting tops. But on being pointed out about FSL report which found the contraband to  be  ganja,  learned  counsel  for  accused/applicant  contended  that  since  the recovered contraband contained leaves and seeds also, the quantity of the recovered contraband cannot be said to be commercial quantity with certainty. It is also argued that in the Malkhana Register of the police station, there is no entry reflecting movement of the contraband from police station to the learned magistrate and back.

Learned APP strongly opposes the bail application contending that all these arguments were taken up on 08.08.2025 but, thereafter counsel for the accused/applicant had opted to confine himself to the ground of delay in trial.

In view of the above arguments, learned counsel for accused/applicant has taken me through the copies of the ordersheets of the trial court annexed as Annexure P-26 to the application.

But complete copies of ordersheets have not been filed. Ordersheets of the trial court after 10.12.2025 have not been filed. The trial court ordersheets till 10.12.2025 have been examined by me. It has been observed by the learned trial court in those ordersheets that 30 time bound matters are pending in that court in which trial has to be completed within a span of 03 to 09 months, but despite that, each date was effective except one date (28.07.2025) when three police officials had to be discharged unexamined because no time was left  with the  court. Considering the said ordersheets,  I am unable to agree with the submission of learned counsel for accused/applicant that there is an undue delay  in trial which would entitle the accused/applicant to be released on bail.

Further,  it  cannot  be  ignored  that  the  accused/applicant was arrested in this case as a matter of chance recovery while he had already jumped bail in FIR  No.  33/2016. In addition to these two cases, the accused/applicant is also involved in FIR No. 215/2016 of PS Kosi Kalan, Mathura for recovery of more  than  90  kg ganja.  As  regards, FIR  No. 215/2016,  learned  counsel for accused/applicant submits that he has no knowledge of the said case.

Considering the above circumstance, I do not find it a fit case to release the accused/applicant on bail. The bail application is dismissed.

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