Tinku vs Narcotics Control Bureau

Court
Delhi High Court

$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.10.2026
# CNR No. DLHC010331742026
+ BAIL APPLN. 2935/2026
TINKU .....Petitioner
Through: Mr. Suhaira Irfan, Advocate.

versus

NARCOTICS CONTROL BUREAU .....Respondent
Through: Mr. Arun Dixit, SSC and Ms. Shelly
Dixit, Advocate.





CORAM: JUSTICE GIRISH KATHPALIA

J U D G M E N T (ORAL)

1. The accused/applicant seeks regular bail in Complaint No.
VIII/15/DZU/2025 for offence under Section 8(C)/21/22/29 NDPS Act.

2. In furtherance of last order, NCB filed a detailed status report with
documents ( placed in Volume II of pleadings folder ). Advance copies of the
same were duly supplied to learned counsel for accused/applicant on
01.10.2026. I have heard learned counsel for both sides.

3. Briefly stated, prosecution case is as follows. On the basis of secret
information, a raid was conducted in which 5.103 kg amphetamine was
recovered, which followed multiple raids at different places in which
different quantities of different types of contrabands were recovered from

BAIL APPLN. 2935/2026 Page 1 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e2
6fa, cn=GIRISH KATHPALIA
Date: 2026.10.27 17:05:00 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:27.10.2026
17:33:51

different persons. The role attributed to the present accused/applicant is that
it is he, who was coordinating the international drug peddling cartel,
consisting of Indian and African nationals.

4. On earlier dates of hearing, learned counsel for accused/applicant had
contended that the entire case against the accused/applicant is based solely
on the disclosure statements of the co-accused. That was refuted by learned
counsel for respondent/NCB, contending that in addition to the disclosure
statements, there are certain WhatsApp chats between the present
accused/applicant and co-accused persons, explicitly dealing in the
contraband. Since those WhatsApp chats had not been filed with the status
report, opportunity to do so was granted to the respondent/NCB, which has
now been done.

5. Learned counsel for accused/applicant submits that even in the record
filed after last date, there is no incriminating material against the
accused/applicant. It is contended that the only material connecting the
accused/applicant with the alleged offence being the disclosure statements of
co-accused persons, he deserves to be released on bail. It is contended that
the printouts of WhatsApp chats filed by respondent/NCB pertain only to
some Manav Bidla while the present accused/applicant is Tinku, so those
chats are not relevant for present purposes.

6. On the other hand, learned counsel for respondent/NCB has referred

BAIL APPLN. 2935/2026 Page 2 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4
5569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e26
fa, cn=GIRISH KATHPALIA
Date: 2026.10.27 17:04:49 +05'30'
GIRISH
KATHPALIA
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:27.10.2026
17:33:51

to Annexure A-5 and has also produced before me, the seizure memo of
mobile phone of the accused/applicant in support of his contention that
Manav Bidla and Tinku are the same person.

7. To begin with, it is not in dispute that the quantity of contraband
allegedly recovered from the accused/applicant and co-accused persons is
commercial quantity, so the present consideration has to be on the
parameters stipulated under Section 37 of NDPS Act.

8. The WhatsApp chats depict the mobile phone number involved as
8222841108 as the mobile phone number of Manav Bidla. So far as the
present accused/applicant Tinku is concerned, his mobile phone number,
according to the KYC (Annexure A-5), is 8053403405. In the course of
arguments today, learned counsel for accused/applicant emphasized that the
accused/applicant does not even know Manav Bidla and has no connection
with mobile phone 8222841108. But it would be significant to note that in
the said KYC Application Form that had been submitted by the
accused/applicant before the concerned authority, the said mobile phone
number 8222841108 has been described as alternate contact number. Not
only this, as per record shown today by learned counsel for
respondent/NCB, both the said phone SIM cards were recovered from the
same mobile phone, which had been seized from possession of the
accused/applicant. Prima facie, it is clear that both the said mobile phones
were held and being used by the accused/applicant under the names – Tinku

BAIL APPLN. 2935/2026 Page 3 of 4 pages

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.10.27 17:04:40 +05'30'
Digitally Signed
By:RAHUL YADAV
Signing Date:27.10.2026
17:33:51
GIRISH
KATHPALIA
Signature Not Verified

and Manav Bidla.

9. Of course, the above observations have been recorded only for the
limited purpose of dealing with the rival contentions while considering the
issue of bail and the trial court shall arrive at an independent view on the
basis of material produced on record.

10. In other words, it is not a case based solely on the disclosure
statements of the co-accused persons. There are severely incriminating
WhatsApp chats, whereby the accused/applicant is placing orders of various
kinds of contrabands and quantities thereof and even the acknowledgement
and payments.

11. The above circumstances fail the case set up by the accused/applicant
on the anvil of Section 37 NDPS Act. Therefore, the bail application is
dismissed.

12. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to the accused/applicant.

Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff8
01e26fa, cn=GIRISH KATHPALIA
Date: 2026.10.27 17:04:21 +05'30'
GIRISH
KATHPALIA
GIRISH KATHPALIA
(JUDGE)
ry
OCTOBER 27, 2026/


BAIL APPLN. 2935/2026 Page 4 of 4 pages

Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:27.10.2026
17:33:51