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BEFORE THE HON’BLE SESSIONS JUDGE (NDPS)

KARKARDOOMA DISTRICT COURT, DELHI

BAIL APPLICATION NO. _______ OF 2023

IN THE MATTER OF:

MIRZA ANSARI …Petitioner

Vs

The State (NCT of Delhi) …Respondent

INDEX

Sr. No. Particulars Page Nos

1. Application Under Section 439 Of The Code Of
Criminal Procedure, 1973 For Grant of Interim Bail
To Applicant/Accused In F.I.R No. 0022/2022,
Dated-26.02.2022, U/S 20/25 Of NDPS Act,1985
Registered At P.S. Crime Branch
2. Annexure P1 (colly): A copy of FIR Dated
26.02.2022 being No. FIR No. 0022 of 2022
registered with PS- Crime Branch, Delhi along with
its English translation
3. Annexure P2: A copy of the order dated 20.07.2022
passed in interim bail application filed before Ld.
Additional Session Judge, Special Judge (NDPS),
East, Karkardooma
4. Annexure P3: A copy of the order dated 08.08.2022
passed in the interim bail filed before the Hon’ble
Delhi High court
5. Annexure P4: A copy of the order dated 07.02.2023
of the Hon’ble Delhi High Court
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6. Annexure P5: A copy of the order dated 01.04.2023

passed in the bail application by the Learned Court of
Sessions
7. Annexure P6: The X-ray of the Father of the
Applicant
8. Annexure P7: A copy of the medical reports of the
Father of the Applicant
9. Vakalatnama

Through

Shampa Nath/ Valentina Sampson

SS & ASSOCIATES
Advocates for the applicant
C-293, Defence Colony,
Delhi-110024
Email ID:sslawcorporateoffice@gmail.com
Mob no: 9930322106
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BEFORE THE HON’BLE SESSIONS JUDGE (NDPS)

KARKARDOOMA DISTRICT COURT, DELHI

BAIL APPLICATION NO. _______ OF 2023

IN THE MATTER OF:

MIRZA ANSARI
S/o Sh. Azeem Ansari
Currently lodged in Mandoli Prison
Complex no.12
Delhi-110093 …. APPLICANT
Versus
THE STATE (NCT OF DELHI)
Through: IO
P.S. Crime Branch, New Delhi
Through Standing Counsel
Email ID: dhcprosecutiondelhipolice@gmail.com
Mob. (9891919168) …RESPONDENT

FIR NO. 0022/2022

U/s 20 & 25 of NDPS ACT
Dated:26.02.2022
P.S. Crime Branch, Chanakyapuri

APPLICATION U/S 439 OF THE CODE OF

CRIMINAL PROCEDURE, 1973 FOR THE
GRANT OF INTERIM BAIL TO
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APPLICANT/ACCUSED MIRZA ANSARI IN

FIR NO.0022/2022 DATED 26.02.2022, U/S 20
AND 25 OF THE NDPS ACT, 1985
REGISTERED AT CRIME BRANCH

MOST RESPECTFULLY SHOWETH:

1. That the present application has been filed seeking interim bail in the case

arising out of the FIR No: 22 of 2022 dated 26.02.2022 registered at the

instance of PS: Crime Branch, Chanakyapuri, Delhi U/s 20 and 25 of

NDPS Act, District-East Delhi, currently pending in the Court of the

Learned Special Judge, NDPS, Karkardooma Court, New Delhi. The

copy of the FIR, along with its English translation is annexed herewith as

Annexure P1 (Colly).

2. The narration of the case of the prosecution case as per the FIR No. 0022

of 2022 is as under:

i. The FIR in question was registered against the applicant on the

information received from one informer.

ii. It is the case of the prosecution that on date 26.02.2022, an

informant tipped off the SI, Crime Branch, Chanakyapuri that the

Applicant/Accused who is a supplier of ganja will be carrying

ganja in huge quantities in his Ertiga car bearing no. 0629 and will

deliver the consignment at around 6:00 pm near Akshardham

Temple.
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iii. On receipt of the alleged information from the informant, Crime

Branch Chanakayapuri reached the location with a search party and

waited for the Applicant/Accused to arrive.

iv. It is alleged that around 6:15pm an Ertiga Car bearing no. 0629

was spotted at the underpass near Akshardham Flyover. That after

confirming with the informant about the identity of the car and its

driver, the Applicant/Accused herein was apprehended.

v. On conducting the search of vehicle, 19 polythene bags containing

ganja weighing about 252.150 kg were allegedly recovered from

the car and thereafter the applicant/accused was taken into custody.

vi. Hence the present FIR came to be registered.

3. The applicant/accused was then produced before the court of Learned

Special Judge, NDPS, Karkardooma Court, Delhi on date 27.02.2022 and

the court was pleased to grant his police custody till date 11.03.2022. The

applicant/accused was produced before the Learned Court on date

11.03.2022 and the court was pleased to remand him to judicial. He has

been in jail custody ever since.

4. That on 05.07.2022, the Appellant filed an interim bail application before

the Ld. Additional Sessions Judge, Special Judge (NDPS), East. A Reply

was filed by the Respondent State to the interim bail application of the
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Appellant herein. That on 20.07.2022, Appellant’s interim bail

application was dismissed by the Ld. Additional Sessions Judge, Special

Judge (NDPS), East, Karkardooma Courts Delhi.

A copy of the order dated 20.07.2022 passed in the interim bail

application filed before the Ld. Additional Sessions Judge, Special Judge

(NDPS), East, Karkardooma Courts, Delhi is annexed and marked

herewith as Annexure P2.

5. That consequently on 25.07.2022, the Appellant filed an interim Bail

application before the Hon’ble Delhi High Court. That on date

08.08.2022 the Appellant’s interim bail application was dismissed by the

Hon’ble Delhi High Court.

A copy of the order dated 08.08.2022 passed in the interim bail filed

before the Hon’ble Delhi High court is annexed and marked herewith as

Annexure P3.

6. That on date 26.08.2022, chargesheet has been filed by the Respondent

State. That the contents of the FIR have been copy pasted in the

chargesheet thereby forming a part of the chargesheet.

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7. That as the filing of the chargesheet brought about a circumstantial

change in the present case, an application U/s 439 of the Criminal

Procedure Code was filed on behalf of the Appellant at the Hon’ble Delhi

High Court. However, the Hon’ble Court was pleased to allow

withdrawal of the said bail application with liberty to approach the

Learned Court of Sessions.

A copy of the order dated 07.02.2023 of the Hon’ble Delhi High Court is

annexed and marked herewith as Annexure P4.

8. That in compliance with the order dated 07.02.2023 of the Hon’ble Delhi

High Court, the Appellant filed a bail application U/s 439 of the Criminal

Procedure Code. That on date 01.04.2023 the said bail application was

dismissed by the Learned Court of Sessions.

A copy of the order dated 01.04.2023 passed in the bail application by the

Learned Court of Sessions dismissing the said application is annexed and

marked as Annexure P5.

9. That this interim bail application emerges out of an unforeseen medical

emergency and the Applicant is seeking bail inter alia the following

grounds:
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A. That the Father of the Applicant requires an immediate surgical

removal of hardware that was used in his legs in order to fix the

tibia bone that he fractured in the year 2019. It is relevant to note

that the Father of the Applicant works as a police officer and

dealing with danger is an essential element of his job title. That in

the year 2019, the Father of the Applicant met with an accident that

resulted in the fracture of his tibia bone. He underwent an

operation wherein intermedullary nails were used to align and

stabilize the fractured bone. The standard expectation out of this

medical procedure was that the intermedullary nail would help fix

the tibia bone as would be so in a regular course of action. Three

years have lapsed and the bone continues to remain broken. In

addition, the screws used for the locking and stabilization of the

intermedullary nails have now bent so as to scrape against the

tissues in the skin thereby causing discomfort and pain in

movement.

The x-ray of the Father of the Applicant is annexed and marked as

Annexure P6.

B. It is not a hidden fact that even when a person goes through a

minimal invasive surgery, the presence of a family member is a

must at all times. The surgery that the Father of the Applicant is
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asked to go through is an open surgery as averse to a minimal

invasive surgery and his Father would require the presence of a

family member at all times as the recovery time of the surgery is

relatively longer. It is pertinent to mention that the Father of the

Applicant has nobody else to look after him during this period of

time except for the Applicant herein. That though the Applicant has

an elder brother, his relationship with his Father is estranged as he

lives in Deoria, Uttar Pradesh with his Father-in-law. The Father of

the Applicant has not even heard from him in the last 5 years

thereby hinting at a salty relationship.

C. It is important to mention that the journey between Deoria, Uttar

Pradesh to Delhi is measured at 885 kms and that to Tripura is

measured at 1604 kms. The time taken to travel this distance is

more than Twenty-Four hours. It is pertinent to mention that if the

Father of the Applicant herein finds himself in a situation that

requires emergency services, by the time the brother of the

Applicant comes to the aid of his Father, that again being the

discretion of the brother considering the estranged relationship, the

Father of the Applicant would definitely lose his life. Hence, the

Father of the Applicant herein cannot be placed at the mercy of the

brother of the Applicant.

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D. That the Father of the Applicant herein cannot depend on his

mother, as they live separately. That the mother of the Applicant is

a 54-year-old lady suffering from a variety of old age ailments, like

rheumatic pain and is a dependant of his Father. That when a

person goes through a surgery, other than attending to his basic

needs, the attendant also has to complete certain procedural

formalities of the hospital and converse with the doctors in order to

understand the course of medication to be given to the patient. It is

pertinent to mention that the mother of the Applicant herein is

uneducated and unschooled as she cannot read and write and her

educational qualifications are that of a 5 th pass from an Urdu

medium. Hence, the Father of the Applicant cannot depend on the

mother of the Applicant herein.

E. It is pertinent to mention that expecting the wife of the Applicant,

i.e., the daughter-in-law of the Father of the Applicant to provide

24 *7 assistance is brutal as she has been assigned the

responsibility of looking after their toddlers. It would not be out of

place to mention that her exposure to the hospital environment

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would put the toddlers at the risk of infections that can in turn

become lethal.

F. It is pertinent to mention that the time taken for the union of tibia

bone is generally between 4-8 months. That a period of about 4

years has lapsed since the first surgery and the fractured tibia bone

continues to remain broken. That this non union of the tibia bone

generally requires surgical intervention. However, in the present

case, despite surgical intervention at the preliminary stage, the non-

union of the tibia bone is alarming. That continuing day to day

activities with a non-united tibia has severe long-term effects that

need medical intervention. That modern medicine only suggests a

surgery and at times bone grafting, if need be, to take another

chance at ensuring the union of the tibia.

G. That the situation at hand is two-fold, i.e., the non-union of the

tibia bone and the broken proximal interlocking screw used during

the surgery at the preliminary stage. These alarming concerns

require medical attention at the earliest.

H. The delay in performing the surgery to fix the broken proximal

interlocking screw will have a deleterious effect on the life of the

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Father of the Applicant herein and can render him immobile. That

the chances of contracting other fatal diseases cannot completely

be ruled out. The stalling of this surgery would also open the flood

gates to amputation of a limb if not cured in time.

A copy of the medical reports of the Father of the Applicant is

annexed and marked as Annexure P7.

I. It is apposite to mention that the stalling on the part of the Father of

the Applicant herein is neither intentional nor deliberate. It is a

helpless move as he has nobody to look after him and attend to him

as his attendant other than the Applicant herein.

J. <Judgements if any> <still researching>

K. That in the view of the aforesaid circumstances, the Applicant

craves leave of this Hon’ble Court to enlarge him on interim bail so

that he can be with his Father at this time where his Father needs

the support and assistance of his only family i.e., the Applicant

herein.

L. That there is no question of tampering with the evidence in this

case, as the witnesses in this case are the Police personnel

themselves.
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M. That the Applicant/ Accused is a permanent resident of Delhi. He

has his family residing permanently in Delhi and has deep roots in

the society. There is no question of him fleeing from justice or

absconding by any stretch of the imagination.

N. That the Applicant/ Accused undertakes to attend the proceedings

before the concerned Court regularly, as and when called upon to

do so, as also join further investigation, if any.

O. That the Accused / Applicant further undertakes to abide by all the

conditions which this Hon’ble court pleases to impose to enlarge

him on bail.

P. That no other anticipatory bail application or any other similar

application is pending before this Hon’ble Court or any other court.

PRAYER

10. In the above-mentioned facts and circumstances this Hon’ble Court may

be graciously be pleased to:

a) Allow the present Application and grant interim bail to the

Applicant/Accused named Mirza Ansari in FIR No. 0022/2022, U/S

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20 and 25 of the NDPS ACT, P.S.- Crime Branch for a period of ___

days and or;

b) Pass such order (s) which this Hon’ble Court deem fit and proper may

also be passed in favour of the applicant.

Through

Shampa Nath/Valentina Sampson

SS & ASSOCIATES
Advocates for the applicant
C-293, Defence Colony,
Delhi-110024
Email ID: sslawcorporateoffice@gmail.com
Mob no: 9930322106