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Bail Denied in NDPS: Mandatory “twin conditions” for bail not satisfied

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In Amar Thapa vs. State of NCT of Delhi, the Delhi High Court dismissed a regular bail application for an accused found in possession of a commercial quantity of charas (1.516 kg). Justice Girish Kathpalia ruled that the mandatory “twin conditions” for bail under Section 37 of the NDPS Act were not satisfied, as there were no reasonable grounds to believe the applicant was not guilty. The Court rejected technical arguments regarding recovery procedures and the non-supply of written grounds of arrest, noting that the arrest occurred before the Supreme Court’s 2025 mandate for written grounds in all offences and that the applicant failed to demonstrate any prejudice caused by the alleged procedural lapse.

1. Factual Background and Allegations

The applicant was arrested on January 17, 2025, following a search at his premises in KotlaMubarakpur, which led to the recovery of 1.516 kg of charas. During interrogation, the applicant disclosed that he was a native of Nepal and procured the drugs from a co-accused named Thomas for sale in small quantities in Delhi.

2. Grounds for Bail

The applicant sought bail on two primary technical grounds:

  • Vitiated Recovery: Discrepancies were alleged between entries in Register No. 19 and witness statements regarding who exactly deposited the seized parcels in the malkhana (police storehouse) and whether the seals matched.
  • Non-Supply of Grounds of Arrest: Relying on Supreme Court precedents like Pankaj Bansal and PrabirPurkayastha, the applicant argued that the failure to provide written grounds of arrest at the time of detention entitled him to immediate release.

3. Court’s Analysis of Procedural Lapses

  • Integrity of Seizure: The Court found the discrepancy regarding the seals and deposit records to be non-fatal. It noted that the Senior House Officer (SHO) had counter-sealed the IO’s original parcels with his own seal (“PSM”) specifically to ensure the purity of the material, a process documented in the seizure memo and Register No. 19.
  • Grounds of Arrest and Precedent: The Court observed that while written grounds are now a mandatory requirement, this clarity was only established by the Supreme Court in Mihir Rajesh Shah in November 2025—months after the applicant’s arrest in January 2025.
  • Substantial Compliance: The Court determined that the Arrest Memo used by the Delhi Police contained “reasons for arrest” that substantially functioned as grounds (e.g., preventing evidence tampering or flight). Furthermore, the applicant had legal assistance during his first remand, showing an “informed understanding” of the allegations.

4. Balancing Public Interest and Personal Liberty

Justice Kathpalia emphasized that in NDPS cases involving commercial quantities, the court must balance the rights of the accused against the fundamental rights of society. The Court highlighted several factors:

  • Flight Risk: Since the applicant is a native of Nepal, there was a “high probability” of him absconding and blocking efforts to track the wider drug network.
  • Severity of Offence: The Court noted the pernicious impact of drug peddling, which fuels organized crime and threatens national security.
  • Curable Defects: In the absence of “demonstrable prejudice,” procedural lapses in furnishing grounds of arrest are considered curable defects that do not automatically entitle an accused to bail in serious cases.

5. Final Conclusion

Finding that the recovery of a commercial quantity of narcotics and the risk of the applicant fleeing outweighed the procedural objections, the Court dismissed the bail application.

2026 DHC 5520

Amar Thapa vs. State of NCT of Delhi(D.O.J. 10.07.2026)

2026 DHC 5520 click here to view full text of judgment

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Contempt: Unconditional Apology – Delay in complying with settlement terms

July 14, 2026 No Comments

In Pushpa Bansal vs. Mahaveer Bansal, the Delhi High Court resolved cross-contempt petitions stemming from the alleged violation of a 2024 Settlement Agreement concerning the use of the trademark ‘SHREE JI’. Justice Mini Pushkarna accepted an unconditional apology from the respondent, Mahaveer Bansal, who admitted to a delay in complying with the settlement terms but demonstrated that he had since withdrawn all related trademark and copyright applications. While the Court noted that residual packaging material was found during a local inspection, it accepted that these were old stocks and not part of ongoing manufacturing. The Court disposed of the petitions by directing the destruction of the seized goods and ordering Mahaveer Bansal to refund ₹2.50 lakhs to the petitioner to cover the costs of the Local Commissioner necessitated by the delayed compliance.

  • Background of the Dispute: The parties entered into a Settlement Agreement on November 24, 2024, to resolve intellectual property disputes. Two contempt petitions were subsequently filed: one by Pushpa Bansal alleging Mahaveer Bansal continued to use the restricted mark ‘SHREE JI’, and a cross-petition by Mahaveer Bansal alleging Pushpa Bansal violated the agreement by using the name ‘Bansal’ in a predominant manner on tax invoices.
  • Findings of the Local Commissioner: A Local Commissioner (LC) appointed by the Court inspected Mahaveer Bansal’s premises in April 2026. The LC recovered residual packaging material, Diwali coupons, and carry bags bearing the ‘SHREE JI’ mark.
  • Respondent’s Defense and Compliance:
    • Unconditional Apology: Mahaveer Bansal tendered an apology, asserting that any non-compliance was inadvertent and caused by a genuine misunderstanding rather than willful defiance.
    • Withdrawal of Applications: He confirmed the withdrawal of all trademark and copyright applications, oppositions, and assignments related to ‘SHREE JI’ and its derivatives.
    • Cessation of Use: He stated he had ceased all use of the ‘SHREE JI’ mark and was now using the marks ‘BANSAL JI’ or ‘BANSAL’ as permitted under the settlement.
    • Explanation of Recovered Goods: He clarified that the materials found by the LC were old, unused stock awaiting disposal and that no current manufacturing of ‘SHREE JI’ products was occurring.
  • Court’s Directions:
    • Destruction of Materials: The Court ordered Mahaveer Bansal to destroy the seized products in the presence of an authorized representative from Pushpa Bansal Trading (who must not be a family member).
    • Refund of Costs: Because the respondent’s delay necessitated the appointment of the Local Commissioner, the Court directed Mahaveer Bansal to refund the ₹2.50 lakh LC fee to Pushpa Bansal Trading within four weeks.
    • Online Takedowns: The Court noted that the respondent had already taken steps to remove online listings of the ‘SHREE JI’ mark and issued takedown requests to third-party portals.
  • Final Status: The Court concluded that no further orders were required as compliance had been achieved, though it kept other rights and contentions open for adjudication in appropriate proceedings.

2026 DHC 5552

Pushpa Bansal vs. Mahaveer Bansal(D.O.J. 09.07.2026)

2026 DHC 5552 click here to view full text of judgment

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Service Law: Termination Valid – Failure to meet mandatory eligibility criteria.

July 14, 2026 No Comments

In Ms. Shilpa vs. Solar Energy Corporation of India Ltd. (SECI) &Ors., the Delhi High Court upheld the termination of a petitioner’s services for failing to meet mandatory eligibility criteria. Justice Sanjeev Narula ruled that the petitioner, appointed as a Supervisor (Personnel & Administration), did not possess the required one year of specialized post-qualification experience in that field. The Court found that her previous role as an outsourced Junior Assistant involving general office tasks like typing and filing did not satisfy the specific recruitment requirements. Emphasizing that a conditional appointment remains subject to verification, the Court held that SECI was justified in withdrawing the offer once it was confirmed that the petitioner lacked the necessary credentials.

1. Background and Recruitment Terms

The dispute arose from Recruitment Notification No. 01/2021 issued by SECI for the post of Supervisor (P&A). The advertisement mandated a minimum of one year of post-qualification experience specifically in the field of Personnel & Administration and warned that candidature would be rejected if information was found to be non-conforming to these requirements.

2. Petitioner’s Claim and Provisional Selection

The petitioner applied for the post, claiming experience as a “Junior Assistant” at the National Institute of Immunology (NII), where she allegedly assisted in administrative, establishment, and service matters. She was provisionally selected and joined SECI on February 7, 2022, after a preliminary document verification.

3. Discrepancies Revealed During Verification

Upon seeking formal verification from NII, SECI discovered several inconsistencies:

  • Unauthorized Documentation: A certificate provided by the petitioner describing her as a “Personal Assistant” was disowned by NII, which stated it was not issued by a competent department or authorized officer.
  • Nature of Duties: NII clarified that the petitioner was an outsourced staff whose actual duties were limited to Hindi typing, day-to-day office work, and filing, rather than substantive Personnel & Administration functions.
  • Designation: Her actual designation at NII was “Junior Assistant,” not the “Personal Assistant” role suggested in her submitted certificate.

4. Court’s Analysis of Eligibility

Justice Narula emphasized that in public recruitment, essential qualifications cannot be diluted. The Court observed that merely “assisting” in an office or having a duration of employment is not equivalent to specialized experience in P&A (such as handling recruitment, vigilance, or disciplinary matters). Furthermore, the Court rejected the argument that the petitioner’s tenure at SECI could “cure” her initial deficiency, ruling that eligibility must be assessed as of the cut-off date prescribed in the advertisement.

5. Nature of the Termination

The Court dismissed the petitioner’s argument that her termination was “punitive” or violated the principles of natural justice. The Court held:

  • Conditional Appointment: Since her appointment was expressly subject to verification, she acquired no indefeasible right to remain in service if she failed to meet the threshold criteria.
  • Absence of Stigma: The withdrawal of an appointment due to lack of eligibility is not a punishment for misconduct but a correction of a non-conforming recruitment.
  • Futility of Remand: Because the record clearly showed she lacked the required experience, the Court found that requiring a formal show-cause notice at this stage would serve no useful purpose.

6. Final Conclusion

Finding that the petitioner failed to establish the mandatory experience required for the post, the High Court dismissed the writ petition, confirming that the respondent’s action was legally sound.

2026 DHC 5548

Ms. Shilpa vs. Solar Energy Corporation of India Ltd. (SECI) &Ors(D.O.J. 08.07.2026)

2026 DHC 5548 click here to view full text of judgment

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Long Pending Petition dismissed for Non-Prosecution: failure to take any active steps to pursue the matter

July 14, 2026 No Comments

In VirkaranAwasty vs. Hassad Netherlands B.V. &Ors., the Delhi High Court dismissed a commercial petition that had been pending since 2016 for non-prosecution. Justice Om Prakash Shukla noted that the petition had already been dismissed once in early 2024 for similar reasons and was subsequently restored. However, following the restoration, the petitioner failed to take any active steps to pursue the matter and repeatedly sought adjournments due to the unavailability of counsel. Concluding that the petitioner had lost interest in the case, the Court dismissed the petition.

  • Procedural History: The petition, O.M.P. (COMM) 306/2016, had been pending before the Court for a decade. It was previously dismissed for non-prosecution on April 30, 2024, due to the petitioner seeking repeated adjournments, but was later restored by a co-ordinate Bench on August 12, 2024.
  • Inactivity Post-Restoration: The Court observed that since the matter was restored, there was no evidence on record to show that the petitioner had taken any steps to move the case forward.
  • Repeated Adjournments: The respondent’s counsel submitted that the main counsel for the petitioner had been unavailable for the last five hearings. The court records revealed that adjournments were sought on five specific dates across 2025 and 2026 (January 16, May 1, July 25, and November 7, 2025; and March 11, 2026) solely due to the non-availability of the petitioner’s counsel.
  • Non-Appearance: During the proceedings on July 10, 2026, no one appeared on behalf of the petitioner.
  • Court’s Conclusion: Given the prolonged history of adjournments and the lack of progress since the restoration of the case, the Court found that the petitioner appeared to have lost interest in pursuing the litigation.
  • Final Order: The petition was officially dismissed for non-prosecution.

2026 DHC 5545

VirkaranAwasty vs. Hassad Netherlands B.V. &Ors(D.O.J. 10.07.2026)

2026 DHC 5545 click here to view full text of judgment

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Arbitration Award Challenge withdrawal permitted on settlement

July 14, 2026 No Comments

In National Highways and Infrastructure Development Corporation Limited vs. JKM-KCL (JV), the Delhi High Court permitted the petitioner to withdraw its challenge to an arbitral award. Justice Om Prakash Shukla disposed of the Section 34 petition after the parties Nature of the Petition: The petitioner, National Highways and Infrastructure Development Corporation Limited, filed a petition (O.M.P. (COMM) 43/2025) under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to contest an arbitral award.

  • The Settlement: During the course of the litigation, the parties engaged in settlement discussions. Counsel for the petitioner informed the Court that an amicable resolution had been reached between the parties.
  • Vivad Se Vishwas Scheme: The settlement was finalized under the “Vivad Se Vishwas Scheme-III”. This scheme is a government initiative aimed at resolving pending contractual disputes involving government undertakings to reduce litigation.
  • Procedural Action: To formalize the end of the dispute, the petitioner filed an application (I.A. 17732/2026) under Section 151 of the Code of Civil Procedure, 1908, specifically seeking to withdraw the main petition.
  • Court’s Directions: In view of the settlement, the Court allowed the withdrawal application. The Section 34 petition, along with any other pending applications, was officially disposed of as withdrawn.

2026 DHC 5531

National Highways and Infrastructure Development Corporation Limited vs. JKM-KCL (JV)(D.O.J. 10.07.2026)

2026 DHC 5531 click here to view full text of judgment

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