New Delhi, Nov 11 (PTI) A Delhi court has granted bail to a woman accused of luring a minor boy into selling narcotic substances, saying the quantity of drugs allegedly recovered in the case was "intermediate" and the bail conditions under the NDPS Act were not applicable.
Special Judge (NDPS) Dheeraj Mor granted regular bail to Rukhsana, who has been in custody since September 22, on a personal bond of Rs 25,000 and one surety of the like amount.
In an order dated November 5, the court said, “The accused is in custody since September 22, 2026. Recovery has already been effected and nothing more is required to be recovered from her. She is no more required for the investigation in this case. All the prosecution witnesses are either police officials or expert witnesses of state.”
According to the prosecution, the case was registered after a child was produced before the Child Welfare Committee (CWC) in Lajpat Nagar for counselling. The child allegedly stated that Rukhsana and two co-accused, Aasha and Afsana, had lured him into selling contraband.
The child's statement, recorded under BNSS Section 183, corroborated the allegation, the prosecution said.
A raid was subsequently conducted at a house in Nutt Colony, Chhatarpur Pahari, on September 22, during which 94.78 grams of smack and 6.84 grams of ganja were allegedly recovered. Both substances fell in the intermediate quantity category, following which relevant provisions of the NDPS Act were invoked.
Opposing the bail plea, the prosecution argued that the accused had lured minor children into transporting and selling illicit substances for profit. It also apprehended that she could influence witnesses, tamper with evidence or commit a similar offence if released.
The defence, however, argued that nothing had been recovered from Rukhsana's possession or at her instance and that she was no longer required for investigation. It also pointed out that the alleged recovery was of intermediate quantity and the twin conditions under Section 37 of the NDPS Act (offences to be cognizable and non-bailable) did not apply.
The court observed that the prosecution witnesses were either police officials or state experts and the evidence, including the seized substances, was in the state's safe custody.
"Therefore, likelihood of her tampering with the evidence or influencing the witnesses is non-existent," the court said, adding that she was a permanent resident of Delhi and had clean antecedents.
The court said no fruitful purpose would be served by keeping her in custody any longer and that stringent conditions could be imposed to prevent misuse of liberty.
It directed Rukhsana not to tamper with evidence, contact or threaten witnesses, or commit any other offence while on bail. She was also directed to appear regularly during the trial.
(This story has not been edited by THE WEEK and is auto-generated from PTI)