The Delhi High Court has criticised the Delhi Police for failing to brief prosecutor in time in bail matters, observing that such lapses reflect how the police “appear to be treating” the issue of individual liberty.

Justice Girish Kathpalia made the observations while hearing two bail pleas arising from FIRs registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The Court noted that the matters had been pending before different benches since December last year and were transferred for hearing before it.

“These are yet another instances of how the Delhi Police seems to be treating the issue of liberty of individuals,” the Court observed.

It noted that despite repeated directions, investigating officers were not briefing the prosecutor in time, resulting in the prosecutor expressing helplessness in court.

The Court recorded that even though the bail applications were old and pending for several months, the Investigating Officer had not met the Additional Public Prosecutor to brief him until the matters were called.

Further, Justice Kathpalia noted that the record showed that a co-accused was earlier granted bail by the High Court in April 2025 and that the order had recorded detailed circumstances which reflected fabrication of the case diary, while leaving it open to the trial court to take an independent view.

The Court observed that the said circumstances were relevant for consideration of the bail applications at hand as well but the APP expressed his inability to address the issue since he had not been briefed by the Investigating Officer.

“One option for this Court is to forthwith grant bail to both accused persons because prosecution is unable to oppose these bails. The other option is to adjourn these matters again and add to the period of its pendency. Even if these matters are adjourned, there appears to be no reason to hope that on the next date the IO shall brief the prosecutor in time,” the Court said.

“That being so, I am left with no alternative but to direct the concerned DCP to personally appear on the next date after briefing the learned prosecutor about stand of the investigating agency as regards these bail applications.”

It also said that if on the next date, the concerned DCP does not appear or does not brief the prosecutor beforehand, it shall be assumed that the State wants both accused persons to be released on bail forthwith.

A copy of the order has been directed to be sent to the Commissioner of Police for ensuring compliance.

Title: AJAY KUMAR v. STATE (NCT OF DELHI) & other connected matter

Click Here To Read Order