Shailesh Kumar, Insp. Rahul Kumar, Special Cell, TYR MAYANK JAIN v. Through

Judgment

1. The present petition petitioner/State/prosecution against the respondent/accused Mayank Jain under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (erstwhile Section 482 of the Code of Criminal Procedure, 19732), read with Section 483(3) of the BNSS (erstwhile Section 439(2) of the CrPC) seeking setting aside of the order dated

14.05.2025 passed by learned ASJ, Special Judge, NDPS, Patiala 1 Hereinafter “BNSS” 2 Hereinafter “CrPC” CRL.M.C. 4043/2025 Page 1 of 30 Signature Not Verified Signed By:SHILPI Signing Date:20.12.2025 17:05:16 House Court, New Delhi3 in application seeking anticipatory bail to respondent in FIR No. 455/2024 dated 02.10.2024, under Sections 8/20/21/25/27(A)/29 of Substances Act, 19854, PS - Special Cell, Delhi. the Narcotic Drugs and Psychotropic Factual Matrix

2. The case is based on a secret information received by the Special Cell on 01.10.2024. Acting on this information, a police team led by SI Abhishek Joshi conducted a raid at House No. A-3, Khasra No. 386/2, Gali No. 2, Mahipalpur Extension, Delhi. Three persons, namely Tushar Goyal, Himanshu Kumar, and Aurangzeb Siddiqui, were apprehended when they came out of the premises. From their possession, the police recovered 5.640 kg, 5.240 kg, and 5.220 kg of contraband respectively, consisting of cocaine like substance. On their instance, the police searched the same building and recovered a further 547 kg of cocaine and 39.706 kg of hydroponic marijuana, all kept in the said premises. 3. On the basis of disclosures of these arrested persons, the police later apprehended one Bharat Kumar, a resident of Mumbai, who had arrived to receive the consignment. On 03.10.2024, Jatinder Singh Gill @ Jassi, a resident of Amritsar and an NRI settled in the United Kingdom for 27 years, was detained at Amritsar Airport and arrested. On 05.10.2024, a Fortuner vehicle used by Jatinder Singh Gill @ Jassi for movement in Punjab was searched, and 1.096 kg of contraband was recovered from it. The vehicle belongs to one Ravinder, the brother of alleged kingpin Virender Singh Baisoya @ Viru. 3 Hereinafter “learned ASJ/Special Judge” 4 Hereinafter “NDPS Act” CRL.M.C. 4043/2025 Page 2 of 30 Signature Not Verified Signed By:SHILPI Signing Date:20.12.2025 17:05:16

4. Further recoveries followed in the investigation. On 10.10.2024, a consignment of 208 kg of suspected contraband was recovered from Ramesh Nagar, Delhi, packed inside “Chatpata Namkeen” packets. On

13.10.2024, another recovery of 518.18 kg of mephedrone was made from the premises of Aavkar Drug Pvt. Ltd., Plot No. 3708, GIDC Estate, Ankleshwar, District Bharuch, Gujarat. 5. total recovery The the case reached 1289 kg of cocaine/mephedrone and 39.706 kg of hydroponic marijuana across Delhi, Gujarat, Punjab, and Mumbai. Fourteen persons were arrested, whose details, including addresses, dates of arrest and recovery linked to each of them, are recorded in the chargesheet. 6. During investigation, the police seized multiple DVRs and 29 mobile phones. Sixteen phones were analyzed by CERT-IN and data

was retrieved. FSL reports confirmed the presence of cocaine, mephedrone, benzoylecgonine, and ganja in the seized samples. Results for some samples remain pending. 7. Investigation further revealed that alleged kingpins Virender Singh Baisoya @ Viru and Sandip Sansar Dhunay were operating an international drug cartel involving the United Kingdom, Malaysia, Pakistan, Thailand and Dubai. Email accounts of the fictitious firms used for drug distribution, Pharma Solution Services, RM Biochem and Life Saver Pharmawere traced to locations in Pakistan and Malaysia. 8. During the investigation, the police issued Notices under Section 67 of the NDPS Act to Mayank Jain and Anchit Jain, both stated to be operating from Thailand. They did not join investigation. Signature Not Verified Signed By:SHILPI Signing Date:20.12.2025 17:05:16 CRL.M.C. 4043/2025 Page 3 of 30 Non-Bailable Warrants5 were issued against both on 07.01.2025, but execution failed as their houses in Delhi were found locked. Proceedings under Section 84 BNSS were initiated on 07.02.2025. A Look Out Circular was issued on 12.02.2025. They were detained at IGI Airport when they returned from Thailand on 27.04.2025, but due to interim protection granted by the Special Court, they were permitted to leave after identification. 9. Both Mayank Jain and Anchit Jain filed anticipatory bail applications on 02.04.2025 and 04.04.2025 respectively. The learned ASJ, on 15.04.2025, directed them to appear and join investigation with the mobile phones used by them for the last one year and granted interim protection. 10. On 01.05.2025, the High Court directed the learned ASJ to decide the pending anticipatory bail applications of both accused on

09.05.2025 or within one week thereafter. On 09.05.2025, the learned ASJ also recorded the statement of the Investigating Officer on oath, a step which the State asserts is legally impermissible at the anticipatory bail stage and amounts to conducting a “mini-trial”. 11. On 14.05.2025, the learned ASJ granted anticipatory bail to the respondent. On 16.05.2025, Mayank Jain was formally arrested and released the same day upon furnishing bail bonds, in view of the anticipatory bail order. The State thereafter filed the present petition seeking quashing and cancellation of the order dated 14.05.2025, alleging non-compliance by the accused, suppression of material facts and failure to join investigation. Signature Not Verified Signed By:SHILPI Signing Date:20.12.2025 17:05:16 5 Hereinafter “NBWs” CRL.M.C. 4043/2025 Page 4 of 30 Submissions on behalf of the petitioner

12. Mr. Akhand Pratap Singh, learned SPP for the State submits that the instant FIR was registered, after recovery of a massive narcotics consignment from different locations. A coordinated operation from 01.10.2024 onward resulted in recovery of 39.706 kg hydroponic marijuana and a total 1,289 kg of cocaine/mephedrone from different locations including Mahipalpur, Ramesh Nagar (Delhi) and Ankleshwar (Gujarat). 13. It is submitted that the present case, against Mayank Jain, concerns the chain relating to 39.076 kg of hydroponic marijuana forming part of a transaction where the total value of narcotics has been assessed by the investigating team at around Rs. 10,000 crores, thus involving grave offences and commercial quantity attracting the rigors of section 37 NDPS Act. 14. The State contends that there is substantial prima facie evidence connecting Mayank Jain to the marijuana supply, which includes his admitted presence in Phuket, Thailand in June 2024 contemporaneous with the alleged conspiracy meeting; multiple witness statements under Section 180 BNSS from Ishant Bhatia, Gaurav Gambhir and Sagar Tuteja confirming that they saw Mayank Jain, along with Ritik Bajaj and Tushar Goyal, together in Phuket and identifying his Thailand mobile number as +66-961145467; the statement of travel agent Mukesh Mehra under section 180 BNSS that he booked tickets for Mayank Jain and Ritik Bajaj from Delhi to Phuket and was in contact with Mayank Jain on the same Thai number; and the statement of Tilak Sharma (PD) recorded under Sections 180 and 183 BNSS in Signature Not Verified Signed By:SHILPI Signing Date:20.12.2025 17:05:16 CRL.M.C. 4043/2025 Page 5 of 30 which Tilak links Mayank Jain to marijuana consignments smuggled from Thailand by Tilak to India. 15. Further, the Call Data Records6 and WhatsApp data extracted from co-accused Tushar Goyal’s phone show more than 600 contacts/call logs (calls/WhatsApp communication) between Mayank Jain’s Thai number 66-961145467 and Tushar’s device during the relevant period, as well as around 10 contacts/call logs with the number attributed to co-accused Anchit Jain, and that a WhatsApp voice-note dated 27.06.2024 from Tushar to this Thai number refers to ““Veeru bhai se baat ho gayi hai…” and further instructs, “…deliveries sambhal lena.”, which is consistent with the prosecution case about Virender Baisoya and drug deliveries. 16. The State also points to a WhatsApp group including Mayank Jain and “Hunterz Lounge London c/o Veeru”, which is presented as further corroboration of cartel linkage. According to the prosecution, hotel records of Grand Shobha Hotel, Mahipalpur, showing guest entries between 29–31.08.2024 and 29–30.09.2024, corroborate the timing and location of marijuana deliveries at Mahipalpur in line with the disclosure of co-accused and the movements of carriers. It is also alleged that co-accused Himanshu, in disclosure, has specifically stated that on the instructions of Tushar Goyal he collected two suitcases of marijuana from Mahipalpur and that Mayank Jain’s name features in that context, which is said to be supported by CDR analysis and FSL reports on the seized substance. 17. A Look-Out Circular7 was opened against both accused persons (Mayank Jain and Anchit Jain) on 12.02.2025, as they were 6 Hereinafter “CDRs” 7 Hereinafter “LOC” CRL.M.C. 4043/2025 Page 6 of 30 Signature Not Verified Signed By:SHILPI Signing Date:20.12.2025 17:05:16 deliberately avoiding investigation and not obeying court directions requiring appearance before the IO. They remain non-cooperative throughout and never offered their working mobile phones despite further repeated directions. 18. The petitioner such as Muraleedharan v. State of Kerala8, Union of India v. Rattan Mallik9, Union of India v. Ram Samujh10, and Anarul Sk v. State of West Bengal11 to contend that in NDPS cases involving commercial relies on precedents quantity, courts must adopt a strict approach and cannot grant bail without recording satisfaction on the twin requirements that there are reasonable grounds to believe the accused is not guilty and not likely to commit an offence while on bail. 19. The State further submits that Mayank Jain has not complied fully and bona fide with the directions of the learned ASJ as well as the IO. It is pointed out that on 15.04.2025, the learned ASJ directed him to produce the mobile phone used from June 2024 to October 2024, without deletion of any data, but that he produced only a device used since 22.03.2025 with a different IMEI number, which is alleged to be a deliberate attempt to withhold the very phone used during the conspiracy period, thereby frustrating investigation communications with cartel members. 20. The learned ASJ, while granting anticipatory bail on

14.05.2025, relied primarily on discrepancies in the IO’s oral replies, and ignored material evidence including CDRs, statements recorded under Section 180/183 of the BNSS, and the respondent’s continued