The Delhi High Court granted regular bail to Gulhasan Gulsher Khan in a case involving the alleged import of over 26 kilograms of heroin concealed in juice cartons, holding that the twin conditions under Section 37 of the NDPS Act were satisfied on a prima facie basis and that nearly four years of incarceration violated Article 21 of the Constitution.
The bench of Justice Prateek Jalan has observed that the consignment was intercepted before it reached the petitioner. Cartons bore labels of another firm. The petitioner’s role appeared facilitative rather than as a principal importer. WhatsApp chats, even if accepted at face value, did not conclusively establish knowledge of heroin.
The case arose from proceedings initiated by the Directorate of Revenue Intelligence (DRI) concerning a consignment declared as apple and pomegranate juice, intercepted in March 2022 at ICD Tughlakabad.
Upon examination, 24 bottles were allegedly found to contain heroin mixed in juice sediment. The total contraband weight was stated to be 26.115 kilograms, attracting the commercial quantity bar under the NDPS Act. The petitioner, proprietor of M/s Seven Seas Global Shipping Company, was arrested on March 9, 2022.
The prosecution relied on use of the petitioner’s Importer Exporter Code (IEC), statements recorded under Section 67 NDPS Act, alleged WhatsApp chats referring to payment mechanisms including hawala and the Supreme Court’s ruling in Hira Singh to justify inclusion of mixture weight.
The High Court examined the stringent twin conditions under Section 37(1)(b) of the NDPS Act, guided by the Supreme Court’s interpretation in Mohd. Muslim.
The Court clarified that the satisfaction required is prima facie, not a detailed evaluation of evidence. Conscious possession must be established at least on reasonable grounds.
The Court held that there were reasonable grounds to believe that the petitioner may not be guilty, thereby satisfying Section 37 at the bail stage.
Independently, the Court found that prolonged incarceration justified bail.
Relying on precedents including K.A. Najeeb and Satender Kumar Antil, the Court emphasized that statutory bail restrictions cannot override the constitutional guarantee of speedy trial.
The Court held that continued detention in such circumstances would violate Article 21.
The petitioner was granted bail subject to Rs. 50,000 bond with one surety, Surrender of passport, restriction on foreign travel, no contact with witnesses, and no tampering with evidence.
The Court clarified that its observations were limited to bail and would not affect the merits of the trial.
Case Details
Case Title: Gulhasan Gulsher Khan Versus DRI
Case No.: BAIL APPLN. 873/2024
Date: 11.02.2026
Counsel For Petitioner: Vivek Kumar Singh
Counsel For Respondent: Satish Aggarwala, Sr. Standing Counsel
