The Delhi High Court on Friday refused to grant bail to Mohd. Jabir, an accused in a heroin trafficking case, holding that the strict conditions of the NDPS law barred his release despite years in custody.
The order came from Justice Saurabh Banerjee, who dismissed Jabir’s bail plea in a case involving the recovery of commercial quantity of heroin, noting that the accused failed to clear the high legal threshold required for bail under the Narcotic Drugs and Psychotropic Substances Act.
Jabir was arrested in October 2020 after officers of the Anti-Narcotics Cell conducted a late-night raid near Bhalswa Chowk in north Delhi. Acting on a tip-off, the police intercepted Jabir and another accused, Wasim, during what investigators said was a live drug transaction.
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According to the prosecution, 500 grams of heroin was recovered from Jabir, an amount that squarely falls under commercial quantity under the NDPS Act. An FIR was registered at Bhalswa Dairy police station, and charges were later framed by the special NDPS court at Rohini.
Jabir was earlier granted bail by the High Court in March 2023. However, that relief did not last. In December 2024, the Supreme Court of India cancelled the bail and directed him to surrender, while allowing him to seek bail again if circumstances changed or if the trial was unduly delayed.
Appearing for Jabir, his counsel argued that the accused had already spent over four and a half years in custody and that the trial was moving slowly for reasons beyond his control. Missed hearings due to lawyers’ strikes and the absence of the public prosecutor were cited as examples of delay.
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The defence also relied on earlier High Court decisions and a Supreme Court ruling to argue that prolonged incarceration should weigh in favour of bail.
The State, however, strongly opposed the plea. The prosecution pointed out that the recovery involved commercial quantity heroin and that Jabir had allegedly committed the offence while already on bail in another NDPS case, raising concerns about repeat offending.
Justice Saurabh Banerjee made it clear that once the earlier bail order had been set aside by the Supreme Court, it could no longer help the accused.
The judge noted that the NDPS Act imposes stringent twin conditions for bail in commercial quantity cases — the court must be satisfied that the accused is not guilty and unlikely to commit another offence if released.
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The court observed that Jabir was allegedly caught red-handed and that his involvement in a previous NDPS case reflected repeated conduct.
The court noted that “mere delay in trial or prolonged incarceration cannot dilute the rigours of Section 37 of the NDPS Act” when the prosecution opposes bail.
On the issue of delay, the bench said the trial record did not show any lapse serious enough to justify bail, adding that the progress of the case could not be blamed on the prosecution alone.
After weighing all submissions, the Delhi High Court held that Jabir had failed to satisfy either of the mandatory conditions required for bail under the NDPS Act.
The bail application was dismissed, though the court requested the trial court to conclude the case as expeditiously as possible and asked both sides to avoid unnecessary adjournments.
Case Title: Mohd. Jabir v. State (NCT of Delhi)
Case Number: Bail Application No. 3346/2025
