IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 18.11.2025 Judgment pronounced on: 03.12.2025 + BAIL APPLN. 3217/2025 & CRL.M.A. 24936/2025 VAKIL RAY ..... Applicant versus THE STATE (NCT OF DELHI) ..... Respondent + BAIL APPLN. 3392/2025 & CRL.M.A. 26542/2025, CRL.M.A. 31771/2025 RISHIPAL ..... Applicant versus THE STATE OF NCT OF DELHI ..... Respondent Advocates who appeared in this case:

For the Applicant : Mr. Ankaj Giri, Adv. in BAIL APPLN.

3217/2025 Mr. Aditya Aggarwal and Mr. Naveen Panwar, Advs. in BAIL APPLN. 3392/2025 For the Respondent : Mr. Ritesh Kumar Bahri, APP for the State with Ms. Divya Yadav, Advocate.

SI Prem Narayan, PS Anti Narcotics Cell, Dwarka.

CORAM HON’BLE MR JUSTICE AMIT MAHAJAN

JUDGMENT

1. The present applications are filed seeking regular bail in FIR No. 515/2024 dated 30.11.2024, registered at Police Station Najaf Garh for offences under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).

2. Briefly stated, on 30.11.2024, on the basis of a secret information, a raiding party was constituted, and thereafter a raid was conducted at Plot No. 155, Krishna Vihar, Najafgarh, New Delhi. It is alleged that thereafter, the applicant Rishipal was caught coming out of the said plot with a white coloured plastic katta in his hand. Upon checking the said bag, the same was allegedly found to contain 5.050Kg of ganja. It is alleged that upon further search, two more white coloured bags were found in the said plot, and a recovery of approximately 20.93 kg of ganja was effected. A video of the search and seizure was made on the e-Sakshya App. The applicant was thereafter arrested on

30.11.2024.

3. During the course of investigation, the applicant Rishipal disclosed that the applicant Vakil Ray had supplied the contraband to him. Thereafter, during PC remand, the applicant Rishipal telephonically contacted the applicant Vakil Ray on the instructions of the police, and asked the applicant Vakil Ray to supply contraband to him. Thereafter, at the instance of the applicant Rishipal, a raid was conducted near Old Khaira Road, Near Petrol Pump, Najafgarh, Delhi and the applicant Vakil Ray along with co-accused Mukul were apprehended and were found to be holding separate bags. Upon the search of the bag in the possession of the applicant Vakil Ray, two packets wrapped in brown coloured tape were found, and a total recovery of 3.860 Kg of ganja was effected. Further, upon the search of the bag of co-accused Mukul, three packets wrapped in brown colour tape aggregating to 5.930 kg of ganja was recovered. The videography of the search and seizure was made on the e-Sakshya App. The applicant Vakil Ray and co-accused Mukul were thereafter arrested on

03.12.2024.

4. The learned counsel for the applicant Rishipal submitted that the applicant Rishipal is innocent and has been falsely implicated in the present case. He submitted that the applicant Rishipal was living in a residential area and was caught around 11:20 AM in broad daylight, however, no independent witness was joined by the prosecution which casts a doubt on the story of the prosecution.

5. He submitted that the videography/photography of the alleged recovery was done by the police officials through e-Sakshya App. He submitted that an application was filed by the applicant Rishipal to provide a copy of the photography/videography of the alleged recovery, however, the same was dismissed with the contention that the same could not be preserved in pendrive or any other device and can only be played in court using login ID of the concerned Investigating Officer during the evidence. He submitted that the denial of a vital piece of evidence to the applicant would be a denial of fair trial.

6. He submitted that as per the version of the prosecution, the alleged recovery was effected from the rented premises of the applicant Rishipal, however, neither any rental agreement has been produced nor has the statement of the owner of the p