$~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 1. 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). 2. 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 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 facilitator, financier, logistic coordinator and beneficiary of the drug syndicate surfaced led to his arrest on 26.06.2025. 3. 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. 5. 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. 6. 6. 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. 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 7. 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. 8. 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 9. 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