16 WP-3978-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3978 OF 2026 Kuldeep Singh Harjeet Singh Gozra …Petitioner Vs. 1. The State of Maharashtra Through the SHO, ANC Worli Police Station 2. Commissioner of Police Mumbai 3. Deputy Commissioner of Police (DCP) Anti-Narcotics Cell (ANC) 4. Amit Ghogre …Respondents Mr. Karan Lalit Jain, for the Petitioner. Mr. S.V. Walve, APP for the Respondent No.1-State. CORAM: MADHAV J. JAMDAR, J. DATE : 22nd SEPTEMBER, 2026 P. C.: 1. Heard Mr. Jain, learned counsel appearing for the Petitioner and Mr. Walve, learned APP appearing for the State. 2. By this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the challenge is to the legality and validity of the order dated 20th June 2026 passed by the learned Special Judge, N.D.P.S., Court Room No. 43, City Civil & Sessions Court, Gr. Bombay in NDPS Misc. Application No. 516 of 2026 in NDPS Special Case No. 2433 of 2025. Page 1 of 6 22nd September, 2026 16 WP-3978-2026.DOC skt 3. It is the submission of Mr. Jain, learned counsel appearing for the Petitioner that by order dated 21st February 2026 passed by learned N.D.P.S. Special Judge, City Civil & Sessions Court, Greater Bombay (CR.43) in NDPS Miscellaneous Application No. 1263 of 2025, directions are given to the ANC, Worli Unit, Mumbai to obtain and produce CCTC footage and also CDR of the mobile phone of the Applicant and others and that by further order dated 12th March 2026 passed by learned N.D.P.S. Special Judge below Exhibit 42 in NDPS Special Case No. 2433 of 2025, the Investigating Officer has been directed to obtain, preserve and produce call details record. He submits that these orders are not complied with and therefore NDPS Miscellaneous Application No. 516 of 2026 has been filed seeking direction to the Respondents to follow orders passed by this Court and show cause for willful contempt of said orders. He submits that admittedly the said orders are not complied with and therefore a learned Special Judge has committed an error by rejecting the application. 4. On the other hand, Mr. Walve, learned APP, at the outset points out that the application has been rejected as it is premature. He submits that as far as one order is concerned, the same is 22nd September, 2026 16 WP-3978-2026.DOC skt challenged by the State of Maharashtra in this Court and the said challenge is pending. As far as the other order is concerned, a statement is made that after receipt of CCTV footage and CDR of raiding party, they will be handed over to the Applicant. Learned APP therefore submits that no interference in the impugned order is warranted. 5. Before considering the rival contentions, it is necessary to set out gist of the prosecution case. As per the prosecution case, the Petitioner is a British citizen who is involved in a serious crime under the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) concerning narcotic substance, i.e., cocaine of 5 kgs. and 2 gms, which is of market value of Rs.50.2 crores. 6. NDPS Miscellaneous Application No. 1263 of 2025 has been filed by the Petitioner seeking certain directions and learned NDPS Special Judge passed following operative order on 21st February 2026 :- “(i) NDPS Miscellaneous Application no.1263/2025 is allowed as under : (ii) Respondent no.1 shall obtain and produce CCTV 22nd September, 2026 16 WP-3978-2026.DOC skt footage of the places shown and described vide para no.8 (i) to (iv) and 8(vi) r/w pursis Exh.6, from 10:00 p.m. of 27/05/2025 to 06:55a.m. of 28/05/2025, and CCTV footage pertaining Worli police station from 27/05/2025 to 06/06/2025. (iii) Respondent no.1 shall obtain CDR of the mobile phone of the applicant and others as described in the para no.9 of the application, from 10:00 p.m. of 27/05/2025 to 06:55 a.m. of 28/05/2025. (iv) The concerned telecommunication companies to hide numbers of incoming and outgoing calls of the police officials mobile phone while furnishing such details for rest of the period, except aforesaid period. It means they shall produce details of the period mentioned vide clause (iii) only. (v) The compliance report be filed within a week. (vi) Application stands disposed of accordingly. 7. Exhibit 42 Application in NDPS Special Case No. 2433 of 2025 was filed by the Petitioner seeking certain directions and the 22nd September, 2026 16 WP-3978-2026.DOC skt said application is allowed by passing following operative order on 12th March 2026 :- “(i) Application (Exh.42) is allowed. (ii) The Investigating Officer to obtain, preserve and produce call details record including location of the mobile phone numbers of the panchas, if panchas had possessed mobile phone numbers, while preparing arrest panchanama dt.28/05/2025 from 02:50 hours to 06:55 hours. (iii) Investigating Officer to file report of compliance within a week. (iv) Application is disposed of accordingly.” 8. The NDPS Miscellaneous Application No. 516 of 2026 has been filed seeking direction to the Respondents to follow said orders dated 21st February 2026 and 12th March 2026 and show cause for willful contempt of said orders. The said application has been rejected by learned Special Judge by specifically observing that the said application is premature. Page 5 of 6 22nd September, 2026 16 WP-3978-2026.DOC skt 9. The perusal of record shows that order dated 21st February 2026 is subject matter of challenge before this Court being Criminal Revision Application No.265 of 2026 (Revn. APP St. No. 10960 of 2026). As far as order dated 12th March 2026 is concerned, a statement is recorded to the effect that the same will be complied with after receipt of the said data. 10. In these circumstances, learned Special Judge has said that the application is premature and therefore rejected the application. Thus, no case is made out for interference in the impugned orders under the extraordinary and discretionary jurisdiction of this Court under Article 226 and 226 of the Constitution of India. Accordingly, the Writ Petition is dismissed. 11. Needless to observe that the Petitioner can file fresh application after disposal of said Criminal Revision Application No. 265 of 2026 as far as said order dated 21st February 2026 is concerned and as far as order dated 12th March 2026, at the appropriate stage. All contentions in that behalf are expressly kept open. [MADHAV J. JAMDAR, J.] 22nd September, 2026