Summary: On January 21, 2026, the Delhi High Court granted bail to Pahalman Budha Magar in a significant drug case. The decision was based on mistakes made during his arrest, despite the serious charges under the NDPS Act.
Pahalman Budha Magar, from Nepal, was arrested on October 20, 2023, after a big drug bust in Delhi. The police stopped a vehicle carrying 32.230 kg of Charas, which led them to Magar's rented place, where they found another 29.055 kg of Charas. The case was registered under FIR No. 266/2023 at the Special Cell, Delhi.
"Upon enquiry, it was found that the remaining Charas was stored in his rented premises..." - Court Document
The first request for bail was turned down by the trial court on October 14, 2025. However, Magar's lawyer, Mr. Aditya Aggarwal, argued that the arrest was not fair because the reasons for the arrest were not given in writing, which violates Article 22(1) of the Constitution.
"The arrest therefore, ipso facto gets vitiated on account of directly violating Article 22(1) of the Constitution." - Court Document
Justice Saurabh Banerjee of the Delhi High Court pointed out the mistakes made during the arrest. The lack of written reasons for the arrest was a key reason for granting bail, even though a large amount of drugs was involved.
"The grant of bail in cases involving commercial quantity on the basis of non-supply of grounds of arrest is not barred by Section 37 of the NDPS Act..." - Court Document
Magar was given bail with several rules to follow, including giving up his passport and checking in regularly with the police. He also has to live in Delhi and stay out of trouble.
"Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses..." - Court Document
The court decided to grant bail to Magar because the police did not follow the proper procedure during his arrest. Even though the charges were serious, the court focused on protecting individual rights under the Constitution.
