In a quiet courtroom at the Delhi High Court, Justice Amit Mahajan delivered a significant order on December 3, 2025, allowing bail to the accused Sahil Sharma alias Maxx-a name that police say sits at the centre of a drug delivery network operating around the Capital.
His bail plea had been pending while he remained behind bars since August 2023.
Background
According to the prosecution, Sharma was intercepted in the early hours of August 21, 2023, after a tip-off that a grey car heading toward Akhada near Chaupal Street carried illegal narcotics. Police claim a large haul was recovered from his person, his car, and later his residence: MDMA, methamphetamine, charas and ganja, adding up to “commercial quantity” under India’s NDPS Act one of the toughest anti-drug laws.
The State further argued that Sharma wasn’t just a courier but the “kingpin” of a syndicate employing riders to deliver drugs disguised as e-commerce packages like Flipkart deliveries. Financial transactions with co-accused were also cited as proof of his involvement.
His previous conviction in a 20-gram heroin case in Haryana was also repeatedly highlighted.
Applicant’s Arguments
Sharma’s counsel insisted that the case is riddled with doubts. There is a mismatch between what the on-spot test kit reportedly detected and what the forensic lab later confirmed. “If the substance field-tested as MDMA but turned out to be methamphetamine at FSL, how can the prosecution’s narrative be unquestioned?” counsel argued in court.
Another major contention: not a single independent witness or recovery video exists, despite the seizure occurring in a public location. Only police personnel witnessed the alleged recovery.
“The applicant has been behind bars since 22 August 2023 and not even one prosecution witness has been fully examined,” counsel added, emphasising prolonged incarceration.
State’s Opposition
The Additional Public Prosecutor strongly opposed release. “Section 37 restrictions apply the court must believe he is not guilty and won’t commit further crimes,” he urged, stressing Sharma’s alleged past involvement and wider influence over the network.
Police maintain that several co-accused were arrested based on Sharma’s disclosure, reinforcing their view that he was central to the operation.
Court’s Observations
Justice Mahajan weighed the arguments with caution.
On the testing discrepancy, the bench noted the prosecution’s explanation that field kits have limited sensitivity but remarked that
“the benefit of the ex facie discrepancy has to be accorded to the applicant” at this stage.
Though testimony from official witnesses alone can support a conviction, the judge acknowledged that failing to join public witnesses or record the operation visually casts a “shadow” over the prosecution’s credibility.
Most crucially, the court underlined the constitutional concern of delay. Only charges have been framed in two years, and trial dates now stretch into late March 2026 meaning a long wait ahead.
In a strong remark referencing Supreme Court precedents, the bench observed:
“Prolonged incarceration undermines the right to life and liberty… conditional liberty must override the statutory embargo.”
On the prior conviction argument, the judge also pointed out that the sentence in that case already stands suspended by the Punjab & Haryana High Court.
Court’s Decision
Finally, after considering the lengthy imprisonment and lack of trial progress, the court granted regular bail with strict terms ₹25,000 personal bond, two sureties, mandatory attendance before the trial court, no contact with witnesses, and no international travel without police approval.
Justice Mahajan concluded by clarifying that his observations are limited to bail and “should not influence the trial.” The prosecution may seek cancellation if any new complaint arises.
The order ends there Sharma will step out of Tihar after more than two years, but the legal battle is only paused, not over.
Case Title: Sahil Sharma @ Maxx vs State Govt. of NCT of Delhi