Sumiti Kaur v. State of (NCT of Delhi)

1. By way of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks regular bail in connection with FIR No. 450/2025, dated 28.09.2025, registered at Police Station Sagar Pur, South-West District, Delhi, for offences punishable under Sections 21 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [“NDPS Act”].

2. I have heard Mr. Hasim Alam, learned counsel for the petitioner, and Mr. Tarang Srivastava, learned Additional Public Prosecutor for the State. The prosecution has placed on record a status report dated 03.07.2026.

3. The prosecution case, as emerging from the aforesaid status report, is as follows: VASHIST 19:28 a. On 27.09.2025, one Aditya Chauhan @ Lucky was apprehended near Mamta Medicos, Nala Road, Sagarpur, New Delhi, by the police, when they were patrolling the area on foot. Upon his personal search, a white polythene containing smack-like-material, weighing 13.85 grams, was recovered from the right pocket of his jeans. Subsequently, Aditya Chauhan @ Lucky was arrested. b. During investigation, Aditya Chauhan @ Lucky disclosed that he had purchased the recovered substance from the petitioner herein. c. Pursuant to this disclosure, raids were conducted at the residence of the petitioner. However, the petitioner was not found there. d. On 01.12.2025, the police received information regarding the arrival of the petitioner. e. Subsequently, a raiding team was constituted and a trap was laid. The petitioner was thereafter apprehended near Shri Balaji Property Nala Road, Sagarpur, Delhi, and one black colour purse was recovered from her, which contained some substance, suspected to be Methamphetamine. Videography of the seizure was also conducted on e-Sakshya app. f. During investigation, the Forensic Science Laboratory [“FSL”] team was called to the place of incident for testing the recovered substance. After carrying out the necessary tests, the FSL team confirmed it to be “suspected narcotic substance” weighing to be

33.70 grams. The substance was thereafter seized and deposited in the Malkhana. g. Sampling of the recovered substance was conducted before the Magistrate’s Court on 09.12.2025, and the exhibit was deposited at VASHIST 19:28 FSL for expert opinion. The FSL result was obtained, which found the substance to be Methamphetamine and Dimethyl sulfone. h. The main and supplementary chargesheet in the matter stands filed before the Trial Court. Charges have also been framed against the petitioner by the Trial Court vide order dated 11.04.2026.

4. The Nominal Roll reflects that, as of 29.06.2026, the petitioner had been in judicial custody for a period of 6 months and 29 days. She has thus now been in custody for a period of around 7 months and 16 days.

5. The petitioner’s latest bail application was dismissed by the Special Court vide order dated 13.04.2026, on the ground that there was no change in circumstance since the last bail dismissal on 17.02.2026. The Court observed that filing of the supplementary chargesheet is not a favourable circumstance which would entitle the petitioner for grant of bail.

6. Mr. Alam, in support of the application, submitted that the allegation in the present case pertains to possession of intermediate quantity of Methamphetamine, and thus the strict rigours of Section 37 of the NDPS Act will not apply.

7. Mr. Alam also sought parity with co-accused Aditya Chauhan @ Lucky, who has already been granted bail vide order dated 24.11.2025, passed by the Special Court. He submitted that co-accused Aditya Chauhan @ Lucky is the main accused in the present case.

8. Mr. Alam further submitted that the petitioner was arrested on the basis of the disclosure statement of the co-accused Aditya Chauhan @ Lucky. He submits that there is neither any CDR connectivity, nor any money trail linking the petitioner with the co-accused so as to establish a VASHIST 19:28 link between them.

9. Mr. Alam also submitted that the investigation in the present case stands concluded. The chargesheet as well as the supplementary chargesheet have already been filed. The petitioner has remained in judicial custody for over seven months. Significantly, she has not been remanded to police custody even for a single day during this period, which further indicates that no custodial interrogation was considered necessary and that the investigation, insofar as it concerns the petitioner, stands completed.

10. Mr. Alam lastly submitted that the matter is presently pending at the stage of prosecution evidence, and 19 prosecution witnesses have been cited, out of which only 3 have been examined. In these circumstances, the trial is likely to take a considerable amount of time to conclude.

11. Mr. Srivastava, on the other hand, opposed the application, and submitted that the co-accused Aditya Chauhan @ Lucky had purchased the Heroin from the petitioner, and that there was also an independent recovery of an intermediate quantity of Methamphetamine from her. He further submitted that the petitioner is also an accused in two other cases registered under the NDPS Act, namely, FIR No. 462/2025 and FIR NO. 203/2016, both registered at P.S. Sagarpur. It was further submitted that the petitioner and her family are actively involved in a drug syndicate, and that several criminal cases have been registered against different members of her family.

12. In rejoinder, Mr. Alam submitted that FIR No. 203/2016 was registered more than a decade ago, and the present FIR as well as FIR No.

VASHIST 19:28 462/2025 were both registered at P.S. Sagarpur, only after the petitioner's mother lodged a complaint dated 26.03.2025 alleging that police officials of P.S. Sagarpur had demanded a bribe. He further submitted that, apart from the present case, the petitioner has already been granted bail in all the other FIRs registered against her.

13. Having heard learned counsel for the parties, I am of the view that the petitioner is liable to be released on bail in the present case.