WASIM KHAN vs STATE OF NCT OF DELHI

Judgment text excerpt

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06.02.2026 + BAIL APPLN. 541/2026 & CRL.M.A. 4041/2026 WASIM KHAN .....Petitioner Through: Mr. Firoz Iqbal Khan, Advocate versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with SI Chander Pal and SI Mahesh Kumawat, PS Bhalswa Dairy CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The accused/applicant seeks regular bail in case FIR No. 223/2025 of Police Station Bhalswa Dairy for offence under Section 21(b) NDPS Act. 2. Broadly speaking, the allegation against the accused/applicant is that he was found in possession of 10 grams smack. 3. Learned counsel for accused/applicant submits that the quantity of smack allegedly recovered from the accused/applicant is almost small quantity as the small quantity is 5 grams. It is also submitted that the BAIL APPLN. 541/2026 Page 1 of 3 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a fec45569af3962c6fb4835d435f97626cac ca, ou=HIGH COURT OF DELHI,CID - Signature Not Verified KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5 d15570996b40f80cbd2eee60402c48796 5ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.06 17:48:39 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:06.02.2026 17:52:26 accused/applicant is in jail since 04.04.2025 and till date even charges are yet to be framed. 4. Learned APP for State accepts notice and opposes the bail application on the ground that the earlier bail application was dismissed as withdrawn on 20.08.2025 and there being no change in circumstances, the present application is liable to be dismissed. It is also contended that the quantity of smack recovered from the accused/applicant is i