Delhi HC grants bail to woman accused of smuggling ganja, posing as NIA official

New Delhi, June 4 (IANS) The Delhi High Court has granted bail to a woman accused of smuggling over 10 kg of ganja through the Indira Gandhi International (IGI) Airport while allegedly posing as an officer of the National Investigation Agency (NIA), noting that the recovery involved an intermediate quantity of contraband and that she is HIV-positive and immunocompromised.

Allowing the bail plea, a single-judge Bench of Justice Prateek Jalan observed that the stringent conditions under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act were not attracted since the alleged recovery of 10.062 kg of ganja fell within the intermediate quantity category.

“It is the admitted position that the quantity of ganja allegedly recovered from the petitioner is 10.062 kgs, which falls in the intermediate quantity category (2 kg to 20 kg). The recovery in the present case was thus far short of a commercial quantity. The stringent conditions prescribed under Section 37 of the NDPS Act, therefore, do not apply,” the Delhi High Court said.

According to the prosecution, the woman was intercepted at Terminal-3 of the IGI Airport on November 8, 2025, after arriving from Bangkok.

During a search of her baggage, customs officials allegedly recovered 20 polythene packets containing ganja, weighing 10.062 kg in total, along with a purported NIA identity card and an NIA-branded jacket.

The investigation further revealed that the NIA credentials allegedly carried by the accused were fake. She was arrested on November 9, 2025, and later charge sheeted under various provisions of the NDPS Act and the Bharatiya Nyaya Sanhita (BNS).

The prosecution alleged that the accused was part of a drug trafficking network and had undertaken similar trips earlier on the instructions of a person identified as “Ali”. It also claimed that she used fake law enforcement credentials to evade scrutiny.

Opposing the bail plea, the prosecution argued that the allegations were grave in nature and drew attention to the accused’s alleged impersonation of an NIA officer. It also contended that she was the leader of a drug syndicate and that an investigation into the role of other alleged associates was still underway.

However, the Delhi High Court said the contention that the accused headed the syndicate was not prima facie supported by the material on record.

“The contention of Mr Singhal that the petitioner was the leader of the alleged syndicate does not, prima facie, appear to be borne out from the material placed on record. Even as per the prosecution case, the petitioner was allegedly acting under the instructions of one Mr Ali,” Justice Jalan said.

The judgment also took into account the accused’s medical condition. It recorded that the woman is HIV-positive, immunocompromised and requires uninterrupted antiretroviral therapy, a fact which was verified by the authorities.

“The medical condition of the petitioner, including the fact that she is immunocompromised and requires uninterrupted medical care and antiretroviral therapy, is also a relevant consideration while adjudicating the present application for bail,” the Delhi High Court said.

While terming the allegation of impersonating a law enforcement officer as a significant factor against the accused, Justice Jalan held that bail could not be denied solely on that ground.

“The allegation of impersonation of law enforcement officers is, in my view, a significant factor against the petitioner in this case. However, on balance, I am not inclined to decline bail solely on this ground,” the judge said.

The judgment recorded that the woman had already spent more than six months in custody, charges had been framed, and none of the 16 prosecution witnesses had been examined so far.

“Taking all the relevant factors into account, particularly the intermediate quantity of ganja involved, thus rendering Section 37 of the NDPS Act inapplicable, the stage of proceedings, maximum sentence for the offences charged, and the petitioner’s serious medical condition, on balance, I am of the view that it is not appropriate to deprive her further of her liberty pending trial,” it said.

The Delhi High Court directed that the accused be released on bail on furnishing a personal bond of Rs 50,000 with one surety of the like amount, subject to several conditions, including surrendering her passport, reporting to the local police station every Monday, and not leaving the country without prior permission of the trial court.

–IANS

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