The Delhi High Court has granted regular bail to Sunny in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, observing that the recovery of morphine was only marginally above the prescribed commercial quantity and that the trial was unlikely to conclude soon. Justice Amit Bansal considered the accused’s period of custody, the stage of the proceedings and the absence of any other NDPS case against him.
The Court granted bail subject to a personal bond of ₹50,000 and one surety for the same amount, along with conditions governing his conduct and appearance during the trial.
Background
Sunny sought bail in connection with FIR No. 172/2025, registered at the Crime Branch (South-East), Delhi, under Sections 8 and 21 of the NDPS Act. According to the prosecution, 259.3 grams of a substance identified as morphine was recovered from him. The statutory commercial quantity for morphine is 250 grams.
The prosecution also stated that a further 114 grams of morphine was recovered from a co-accused, Lalit, who had already secured bail from the Sessions Court. The investigating agency completed its investigation and filed the chargesheet, and charges had been framed. However, the recording of prosecution evidence had not begun.
Sunny’s counsel argued that independent public witnesses had not been joined during the search and seizure despite their alleged availability. The defence also relied on the period of incarceration and the likely delay in completing the trial. The State opposed bail, arguing that the commercial quantity attracted the stringent restrictions under Section 37 of the NDPS Act.
Justice Amit Bansal referred to Supreme Court decisions recognising that prolonged custody and delays in trial can justify bail even in cases involving commercial quantities under the NDPS Act. The Court relied on Dheeraj Kumar Shukla v. State of U.P., where the Supreme Court had considered lengthy incarceration and a trial that had yet to commence.
The Delhi High Court observed:
“Admittedly, the recovery made from the applicant was 259 gms, which is marginally above the commercial quantity, prescribed under the NDPS Act of 250 gms. In such circumstances, the strict application of the rigours of the NDPS Act may not be justified and warrants a more nuanced consideration.”
The Court also noted that Sunny had spent one year and three months in custody, his jail conduct was satisfactory, and no other NDPS case was pending against him. It considered the absence of independent witnesses and the delay in the trial while assessing his request for bail.
Allowing the bail application, the Court directed Sunny’s release on a personal bond of ₹50,000 with one surety in the same amount, to the satisfaction of the trial court. He must keep his mobile number operational, inform the investigating officer of his addresses and any changes, attend court hearings, and refrain from leaving India without permission.
He must also avoid committing offences, threatening witnesses or tampering with evidence.
Case Details
- Case Title: Sunny v. State of NCT of Delhi
- Case Number: Bail Appln. 2008/2026 & Crl.M.A. 16576/2026
- Judge: Justice Amit Bansal
- Decision Date: October 7, 2026
