Sujeet Kumar Mallick Vs Directorate of Revenue Intelligence — Narcotics (NDPS) | Delhi HC (2026)

Sujeet Kumar Mallick Vs Directorate of Revenue Intelligence — Narcotics (NDPS) | Delhi HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted in proceedings arising out of File No. DRI/DZU/34/Enq-12/2025 (Sections 8/21/23/29 NDPS Act), subject to a personal bond of Rs.50,000/- with one surety of the like amount by a family member/friend with no pending criminal case and to the satisfaction of the Jail Superintendent, and subject to conditions: (i) not to leave NCT of Delhi without prior permission, reside as per prison records, surrender passport (if any) to IO within three days; (ii) appear before the Trial Court as and when called; (iii) provide a working mobile number to the IO at all times; (iv) report monthly in the first week at PS: Paschim Vihar East unless leave obtained from the Trial Court; (v) no criminal activity, no contact with prosecution witnesses, no tampering with evidence. Expressions of view on merits are solely for the bail adjudication and have no bearing on the trial.

Issue for consideration

Whether the applicant is entitled to regular bail under Section 483 BNSS 2023 in the DRI complaint (File No. DRI/DZU/34/Enq-12/2025) under Sections 8/21/23/29 NDPS Act. +3 more

Court's answer

Since no direct linkage is established between the applicant and the others on the present circumstances, the bail application is allowed and the applicant is to be released on regular bail in the proceedings arising out of File No. DRI/DZU/34/Enq-12/2025.

Ratio / Principle

Though 8054 gm of cocaine hydrochloride was recovered from co-accused Shalini Malik, admittedly no recovery was effected from the applicant's person at arrest or from his residence; therefore the conscious possession of the contraband and the rigours of Section 37 NDPS Act are both in doubt.

Key takeaways

The prosecution's materials — naming of the applicant in co-accused disclosure statements, CDR connectivity, his alleged role as facilitator/financier/logistic coordinator in the syndicate, and cash transactions of Rs.2-5 lacs — cannot be treated as the foundational basis for establishing complicity and are matters requiring due adjudication at trial.ratio¶¶17
The allegation that the applicant deleted WhatsApp chats with co-accused Shalini Malik and Chris after her arrest is unsubstantiated, as there is no FSL Report supporting it.ratio¶¶18

Detailed headnote1 paragraphs

Bail — NDPS — Section 483 BNSS 2023 — Rigours of Section 37 NDPS Act held in doubt where no recovery from accused: Recovery of 8054 gm of Cocaine Hydrochloride (14.04.2025, IGI Airport, from co-accused Shalini Malik arriving from Accra via Dubai) was admittedly not matched by any recovery from the applicant's person or residence; hence conscious possession and Section 37 rigours stood in doubt. Applicant's naming in disclosure statements, CDR connectivity with co-accused, alleged role as facilitator/financier/logistic coordinator, and cash transactions of Rs.2-5 lacs were held incapable of forming the foundational basis of complicity, being matters for trial adjudication. Alleged post-arrest deletion of WhatsApp chats with co-accused Shalini Malik and Chris found unsubstantiated absent any FSL Report. Bail application allowed; release on personal bond of Rs.50,000/- with one like surety (family member/friend without pending criminal case), passport surrender within three days, no exit from NCT of Delhi without permission, monthly reporting at PS: Paschim Vihar East, and standard non-contact/non-tampering conditions. Court clarified its observations are confined to the bail adjudication and bear no bearing on the trial. (Saurabh Banerjee, J., 07.07.2026.)

$~15

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 1428/2026

SUJEET KUMAR MALLICK .....Applicant

Through: Mr. Javed Khan and Mr. Anshula Gupta, Advocates.

versus

DIRECTORATE OF REVENUE INTELLIGENCE.....Respondent Through: Mr. Satish Aggarwala, Sr. Standing Counsel with Mr. Gagan Vaswani, Adv with IO Ashish, DRI

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 07.07.2026

By virtue of the present bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks grant of regular bail in complaint filed by the respondent being File No. DRI/DZU/34/Enq-12/2025 under Sections 8/21/23/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( NDPS Act ).

As per FIR, it is alleged that on 14.04.2025, based on a secret information, accused Shalini Malik was intercepted at IGI Airport upon her arrival from Accra, Ghana, via Dubai. Upon search of her checked-in baggage, a recovery of 8054 gm of ‘ Cocaine Hydrochloride ’ was effected from ten self-sealing transparent pouches hidden within the inner lining of five bags placed inside the checked-in baggage. Thereafter, based on the disclosure statements, involvement of the present applicant being the

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facilitator, financier, logistic coordinator and beneficiary of the drug syndicate surfaced led to his arrest on 26.06.2025.

In this factual backdrop, this Court has heard learned counsel for the applicant as also the learned Standing counsel. 4. As borne out, though a recovery of 8054 gm of ‘ Cocaine Hydrochloride ’ was effected from the co-accused Shalini Malik, however, admittedly no recovery whatsoever has been effected either from the physical person of the applicant at the time of his arrest, or from his residence. Thus, in view thereof the conscious possession of the contraband and the rigours of Section 37 of the NDPS Act are both in doubt.

Under such circumstances, though the prosecution opposes the grant of a regular bail to the applicant as he is named in the disclosure statements of the co-accused, there is a CDR connectivity inter se the applicant and the co-accused persons, the applicant is an active member of the drug syndicate wherein he acts as a facilitator, financier and logistic coordinator and since there are several cash transactions ranging from Rs.2-5 lacs, however, the aforesaid cannot be treated as the foundational basis for establishing complicity and are matters requiring due adjudication during the course of trial.

Lastly, though it is alleged that post the arrest of the co-accused Shalini Malik, the applicant tampered with evidence by deleting the entire WhatsApp chats inter se himself and the two co-accused persons namely Shalini Malik and Chris, however, there is no FSL Report substantiating the same.

This is a digitally signed order.

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Resultantly, in view of the aforesaid and since there is no direct linkage established qua the applicant and the others/ the present circumstances, the present application is allowed, and the applicant is directed to be released on regular bail in proceedings arising out of File No. DRI/DZU/34/Enq-12/2025 registered under Sections 8/21/23/29 of the NDPS Act, subject to him furnishing a personal bond in the sum of Rs.50,000/- [ Rupees Fifty Thousand Only ] along with one surety of the like amount by a family member/ friend having no criminal case pending against him/ her and subject to the satisfaction of the Jail Superintendent, and further subject to the following conditions:

i. Applicant shall not leave NCT of Delhi without prior permission of this Court and shall ordinarily reside at the address as per prison records and shall surrender his Passport, if any, to the IO within a period of three days .

ii. Applicant shall appear before the learned Trial Court if, as and when called for.

iii. Applicant shall provide his mobile number to the IO concerned which shall be kept in working condition at all times. iv. Applicant shall report to the IO at PS: Paschim Vihar East once every month in the first week of the month unless leave of every such absence is obtained from the learned Trial Court.

v. Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, or tamper with the evidence of the case.

Copy of this order be sent to the concerned Jail Superintendent for information and compliance.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:33:49

Needless to say, expression of view(s) on the merits, if any, are solely for the purposes of adjudication of the present application and shall have no bearing on the overall case/ trial involved.

SAURABH BANERJEE, J.

JULY 07, 2026/So/DA

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:33:49