Not Being Named In FIR Inconsequential If Financial Links Show Active Involvement In NDPS Offence: Delhi High Court
LIVELAW NEWS NETWORK
4 Feb 2026 2:25 PM IST
The Delhi High Court has held that the fact that an accused is not named in the FIR is not decisive at the stage of bail if the investigation reveals financial transactions establishing active coordination and involvement in an offence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Justice Saurabh Banerjee made the observation while considering a case relating to the alleged trafficking of ganja in significant quantities, where the applicant argued that he was entitled to bail since his name did not figure in the FIR and no recovery had been effected from him.
It was further argued that no kind of illicit substance was ever recovered from him and the applicant had undergone long incarceration.
Rejecting the contention, the bench noted that the investigation had unearthed monetary transactions linking the applicant with the co-accused, which prima facie indicated his active participation and coordination in the illegal trafficking network.
“Considering that as per the investigation there are financial transactions establishing a monetary link between the applicant and the co-accused persons, indicating active coordination and involvement in the alleged offence of tracking Ganja in significant quantities, that the applicant is not named in the FIR fades into insignificance. This, at the stage of grant of bail, cannot be taken as the sole governing factor as it must be dealt with the surrounding circumstances cumulatively,” it held.
The Court further took into account that there are multiple witnesses to be examined and the co-accused is already absconding.
As such, the bail application was dismissed.
Appearance: Mr. Abhishek Khari, Advocate for Applicant; Ms. Meenakshi Dahiya, APP for State with Ms. Vanshika Singh and Mr. Bhanu Pratap Singh, Advocates with SI Narender Singh, PS: Crime Branch for Respondent
Case title: Pramod @ Parmal v. State (Nct Of Delhi)
Case no.: BAIL APPLN. 3952/2025