BRIJESH KOTHIA vs STATE NCT OF DELHI

Judgment text excerpt

$~ IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 13.05.2026 + BAIL APPLN. 439/2026 BRIJESH KOTHIA .....Petitioner Through: Mr. Aditya Aggarwal, Mr. Naveen Panwar, Ms. Kajol Garg and Mr. Mohd. Yasir, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Akhand Pratap Singh, SPP for the State with Ms. Samidhi Dobhal, Mr. Krishna M. Chandel, Mr. Hritwik Maurya, Mr. Utkarsh Singh and Mr. Apoorv Paliya, Advocates. SI Dinesh Kumar, P.S.: Special Cell. HON’BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI J U D G M E N T ANUP JAIRAM BHAMBHANI, J. Can a weighty constitutional safeguard be diluted to an optional procedural nicety? It is this cardinal question that presents itself for consideration in the present case. 2. By way of this petition filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the petitioner seeks regular bail in case FIR No.455/2024 dated 02.10.2024 registered under sections 8/20/21/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) at P.S.: Special Cell, Delhi. Consequent upon completion of investigation, offences under sections 22/27A of the NDPS Act and sections 238B/209 of the Bharatiya Signature Not Verified Signed By:VIKAS RAWAT Signing BAIL APPLN. 439/2026 Page 1 of 20 Date:13.05.2026 15:05 Nyaya Sanhita, 2023 have been added vidé chargesheet dated 10.06.2025. 3. Notice on this petition was issued on 02.02.2026. 4. Status Report dated 27.02.2026 has been filed on behalf of the State. 5. Nominal Roll dated 25.02.2026 has been received from the Jail Superintendent. 6. This court has heard Mr. Aditya Aggarwal, learned counsel for the petitioner; as well as Mr. Akhand Pratap Singh, learned SPP for the State, on 23.04.2026 and 27.04.2026 at length. SUBMISSIONS ON BEHALF OF THE PETITIO