The Delhi High Court has granted regular bail to an accused booked under the NDPS Act, while sharply criticizing the conduct of the Delhi Police and prosecution over lack of coordination and delay in the trial process. Justice Girish Kathpalia observed that the State cannot treat personal liberty casually and stressed that the right to a speedy trial under Article 21 of the Constitution remains paramount.
Background of the Case
The case arose from FIR No. 667/2023 registered at Bhalswa Dairy Police Station under Sections 21, 25 and 29 of the NDPS Act. According to the prosecution, 300 grams of heroin was allegedly recovered from the boot of the applicant’s car in Bareilly, Uttar Pradesh, on July 18, 2023.
The bail plea was filed by Rifat Ali alias Danish, who has remained in custody since his arrest in July 2023. His counsel argued before the Court that the trial was moving at an extremely slow pace and that only a few witnesses had been examined so far.
During the hearing, the Court expressed serious concern over the prosecution’s inability to even identify the investigating officer currently handling the matter. Two sub-inspectors appeared before the Court, but both stated that they were unaware of who had been assigned the case after the retirement of the original investigating officer.
The Court also noted inconsistencies regarding the number of witnesses examined during trial. While the prosecution claimed six witnesses had already testified, the defence produced trial court ordersheets showing that only four witnesses had been fully examined and the fifth witness was only partly examined.
Justice Girish Kathpalia remarked,
“This is certainly not the manner in which the State should deal with the liberty of an individual.”
The Court further observed that the role of police was “not just to arrest a person and dump them in jail, without bothering to pursue the prosecution.”
The Court held that the prolonged incarceration of the accused and the apparent lack of seriousness by the prosecution indicated that the trial was unlikely to conclude within a reasonable time. Referring to Article 21 of the Constitution, the bench observed that the right to a speedy trial can override the stringent bail restrictions contained in Section 37 of the NDPS Act.
Allowing the bail application, the High Court directed the release of the accused on furnishing a personal bond of ₹10,000 along with one surety of the same amount before the trial court.
The Court also ordered that a copy of the judgment be sent to the Commissioner of Police “for information and necessary action,” expressing what it described as an “ever fainting hope” that issues concerning personal liberty would be taken more seriously in future.
Case Details:
Case Title: Rifat Ali @ Danish v. State NCT of Delhi
Case Number: BAIL APPLN. 1258/2026
Judge: Justice Girish Kathpalia
Decision Date: May 13, 2026
