Delhi HC issues notice on accused's plea challenging his custody in drug haul case

New Delhi [India], February 11 (ANI): The Delhi High Court on Wednesday issued notice to the police on the plea of Ritik Bajaj, an accused in a 500 kg drug haul case. He was repatriated from Dubai in December 2025.
He has challenged his custody, calling it illegal on the grounds that his custody was extended on January 23, without producing him before a special judge, which is required under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Justice Anup Jairam Bhambhani issued notice to the Delhi Police, sought a response within two weeks, and listed the matter for hearing on March 10.
Senior advocate Vikas Pahwa appeared for Ritik Bajaj and submitted that the petitioner is an accused under the NDPS Act, a special Act, and was not produced before a special judge of the NDPS Act on January 23.
Despite knowing that the special judge was holding the court, the petitioner was not produced before the special judge, and his judicial custody was extended by the jail Visiting Magistrate, senior advocate Pahwa said.
No application was made by the investigating agency seeking an extension of judicial custody. Consequently, his custody has become unlawful, and he should be released from custody. There is a direct judgement of the Supreme Court on the same facts, he added.
The submissions were opposed by the Additional Standing Counsel (ASC) Sanjeev Bhandari and Special Public Prosecutor (SPP) Akhand Pratap Singh.
A plea seeking quashing and setting aside the police remand order of January 23, and the order of January 28, passed by the Special Judge (NDPS), Tis Hazari Courts, and for declaring the Petitioner's continued detention as illegal and unconstitutional.
It is alleged that the Petitioner was illegally arrested on December 23, 2025, produced before the Special Judge, NDPS, and illegally remanded to Police Custody and subsequently to Judicial Custody on December 26, 2025, and January 9, till January 23.
The counsel for the petitioner has also alleged that on January 23, no Application for extension of Judicial remand was filed before the Special Judge, nor was the Petitioner produced before the Spl. Judge, and consequently, no judicial order was passed extending the judicial custody of the Petitioner beyond January 23.
The Petitioner, therefore, being in illegal custody since January 24, was constrained to file a Habeas Corpus petition for his immediate release from illegal custody.
The Habeas Corpus plea was disposed of on Tuesday, allowing the contention to be raised before the single judge.
A petition moved by advocate Prabhav Ralli states that on October 24, 2024, an FIR was registered by the Special Cell under Sections 8, 20, 21, 25, and 29 of the NDPS Act, 1985, against certain co-accused persons. It is pertinent to note that the Petitioner was neither named in the FIR nor arraigned as an accused. No recovery of the alleged substance has been effected from the Petitioner, the plea said.
It is also stated that the Petitioner was illegally arrested by the Agency in India and was subsequently produced before the Trial Court on December 23, 2025, and the Trial Court, without satisfying itself as to the legality of the arrest, illegally remanded the Petitioner to three-day Police Custody, the plea submitted. (ANI)