Delhi High Court on Bail Under NDPS Act: Absconding and CDR Links Justify Rejection.

Headnote:

The Delhi High Court dismissed a bail application under the NDPS Act involving commercial quantity of heroin, holding that when recovery is of commercial quantity and the accused is linked through co-accused disclosures and CDR evidence, the twin conditions under Section 37 of the NDPS Act are not satisfied. The Court also held that absconding conduct during investigation militates against the grant of bail.

Background:

• FIR No. 56/2024 was registered at PS Special Cell, Delhi under Sections 21/22/29 NDPS Act and Section 174A IPC.

• Acting on secret information, Special Cell apprehended three accused near Rajghat Depot on 21.02.2024 and recovered 15 kg of heroin (commercial quantity).

• Co-accused disclosed that the present applicant, Aktrul Seikh, was an intended recipient of the narcotics consignment.

• The applicant was found absconding; NBWs were issued and he was declared an “absconder” on 24.09.2024.

• He was ultimately arrested on 09.01.2025 from Malda, West Bengal.

• No recovery was made from his personal possession.

Court’s Observations:

• The applicant was specifically named by co-accused in their disclosure statements as an intended recipient of the heroin.

• Call Detail Records (CDRs) showed regular connectivity between the applicant and the alleged supplier from Manipur.

• Intercepted calls allegedly contained incriminating conversations relating to supply of narcotic substances.

• The applicant’s conduct of absconding and evading investigation weighed heavily against him.

• In cases involving commercial quantity, Section 37 NDPS Act requires strict satisfaction of twin conditions before granting bail.

Decision:

The bail application was dismissed.

Legal Provisions Discussed:

• Sections 21, 22 and 29, Narcotic Drugs and Psychotropic Substances Act, 1985

• Section 37, Narcotic Drugs and Psychotropic Substances Act, 1985

• Section 174A, Indian Penal Code, 1860

Case: Aktrul Seikh v. State (NCT of Delhi)

Court: High Court of Delhi at New Delhi

Coram: Dr. Justice Swarana Kanta Sharma

Date of Decision: 09 December 2025

Bail Application No.: 4092 of 2025