* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: January 15, 2026 % Pronounced on: January 21, 2026 + BAIL APPLN. 4034/2025 PAHALMAN BUDHA MAGAR .....Applicant Through: Mr. Aditya Aggarwal, Ms. Kajol Garg, Mohd. Yasir and Mr. Naveen Panwar, Advs.

Versus STATE NCT OF DELHI .....Respondent Through: Mr. Raghuinder Verma, APP for the State with Mr. Aditya Vikram Singh, Advocate and DI Bintu Sharma, Special Cell, Delhi Police.

CORAM:

HON’BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

1. By virtue of the present bail application under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant/ accused/ Khali Daa/ Pahalman Budha Magar, Hereinafter as “applicant seeks grant of regular bail in proceedings arising from FIR No.266/2023 dated 19.10.2023 filed under Section(s) 20/25/29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985, (NDPS Act) registered at PS.: Special Cell, Delhi.

2. As per facts, on 19.10.2023, upon the concerned ASI having received an intimation qua smuggling of Charas/ Harish, Hereinafter as “Charas from Nepal being supplying to major cities including Delhi/ N.C.R., pursuant to information one Mr. Suddhi was found at Paper Market, Gazipur, Delhi at 01:15 P.M., and after due legal compliance, the concerned officials searched the said Mr. Suddhi. Although nothing was found on his person, however, upon interrogation, a total quantity of 32.230 Kgs of Charas was found and seized from the artificial cavities of his car Maruti Swift [UP 32 DP 4234]. The said Charas was sealed as per legal requirements and FIR No.266/2023 dated 19.10.2023 under Section(s) 20/25 of the NDPS Act was registered against him.

3. On 20.10.2023, a police remand for further investigation was granted by the learned Additional Sessions Judge, Special Judge NDPS Act, Patiala House Courts Delhi, New Delhi, Hereinafter as “learned Trial Court, wherein, the said Mr. Suddhi disclosed that he had delivered 50 Kgs Charas in Delhi on instructions of Mr. Umesh Yadav, Mr. Sahil and Mr. Sajid to the applicant around thirty days before, and that he was residing near Deer Park, Safdarjung, New Delhi. Acting thereon, a raid was conducted on 20.10.2023 around 06:50 P.M. at Arjun Nagar, Safdarjung Enclave, and the applicant, a Nepal national, was apprehended therefrom. Upon enquiry, it was found that the remaining Charas was stored in his rented premises being I-55, 5^th floor, Arjun Nagar, Safdarjung Development Area, Delhi, wherefrom two suitcases containing a total quantity of 29.055 Kgs Charas, Rs.1,68,000/- cash, packing material and an electronic weighing machine were recovered, which were seized and sealed as per legal procedure and thereafter, the applicant was arrest vide Arrest Memo dated 20.10.2023. Thence, the learned Trial Court, vide order dated 21.10.2023 granted police remand for five days for further interrogation.

4. Thereafter, based on the disclosure of the applicant, another co- accused Mr. Kailye Bahadur Argeja @ Dhan Bahadur was apprehended on 25.10.2023 from Majnu ka Tila, Delhi and 1.438 Kgs of Charas was recovered from his bag and samples were drawn as per law and sent to FSL, and the seized products were confirmed as Charas. After completion of investigation, a Charge Sheet was filed on 29.03.2024, wherein charges under Sections 20(c), 25 and 29 of the NDPS Act were framed vide order dated 19.02.2025 by the learned Trial Court and the matter was listed for prosecution’s witnesses.

5. Thereafter, the applicant herein moved an application for regular bail before the learned Trial Court, which, after considering various factors, was dismissed vide order dated 14.10.2025.

6. Thus, the present regular bail application before this Court.

7. Mr. Aditya Aggarwal, learned counsel for the applicant primarily submitted that no grounds of arrest were provided orally to the applicant neither whilst being arrested nor subsequently in a written form, which is not only a gross violation of the rights