$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011081302025 + BAIL APPLN. 48/2026 and CRL.M.A. 468/2026 SRI JAYNARAYAN GIRI .....Petitioner Through: Mr. Anubhav Sharma and Mr. Ashish Kumar, Advocates. versus DIRECTORATE OF REVENUE INTELLIGENCE .....Respondent Through: Mr. Satish Aggarwala, Sr. Standing Counsel with Ms. Mala Sharma, SPP and Mr. Gagan Wasvani, Advocates. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 13.08.2026 1. The applicant by way of the instant application seeks for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (‘BNSS’) in connection with File No. DRI/HQGI/338/XIV/ENQ-7/INT- NIL/2025/1402 pertaining to summons issued under Section 108 of The Customs Act, 1962. 2. As per the allegations, an inquiry was conducted by the Directorate of Revenue Intelligence (‘DRI’) in connection with the seizure of foreign- origin cigarettes following an interception of a truck in Palwal, Haryana, on 12.09.2025. 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 18/08/2026 at 11:17:26 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated as there is no specific role attributed to the applicant. The basis of treating the applicant as a person of interest is not discernible. Furthermore, he has appeared whenever he has been called and cooperated with the investigation, therefore, his custodial interrogation is now warranted. 4. The submissions are opposed by Mr. Satish Aggarwala, learned counsel for the respondent. He contends that the application is not maintainable, given that no sanction has been accorded by the competent Authority for arrest. According to him, unless approval for applicant’s arrest is granted, the application seeking anticipatory bail will not be maintainable. It is further contended that, in any event, sufficient material exists against the applicant and his custodial interrogation may be required to unearth the entire syndicate. However, the same shall be subject to the approval of the competent Authority. 5. Mr. Aggarwala submits that, at present, there is no clarity as to whether the applicant will be taken into custody. He has placed reliance on the decision by the Supreme Court in the case of Union of Indía v. Padam Narain Aggarwal & Ors.1. The para nos. 44 and 45 relied upon by him are extracted as under: “44. In the case on hand, the respondents were only summoned under Section 108 of the Act for recording of their statements. The High Court was conscious and mindful of that fact. It, therefore, held that the applications for anticipatory bail, in the circumstances, were premature. They were, accordingly, disposed of by directing the respondents to appear before the Customs Authorities. The Court, however, did not stop there. It stated that even if the Customs Authorities find any non-bailable offence against the applicants (the respondents herein), they shall not be arrested without ten 1 (2008) 13 SCC 305. 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 18/08/2026 at 11:17:26 days' prior notice to them. 45. In our judgment, on the facts and in the circumstances of the present case, neither of the above directions can be said to be legal, valid or in consonance with law. Firstly, the order passed by the High Court is a blanket one as held by the Constitution Bench of this Court in Gurbaksh Singh [(1980) 2 SCC 565: 1980 SCC (Cri) 465] and seeks to grant protection to the respondents in respect of any non-bailable offence. Secondly, it illegally obstructs, interferes and curtails the authority of the Customs Officers from exercising statutory power of arrest of a person said to have committed a non-bailable offence by imposing a condition of giving ten days' prior notice, a condition not warranted by law. The order passed by the High Court to the extent of directions issued to the Customs Authorities is, therefore, liable to be set aside and is hereby set aside.” 6. I have considered the submissions made by learned counsel for the parties and have perused the record. 7. The instant case pertains to smuggling of foreign cigarettes, an offence under provisions of Customs Act, 1962. The facts indicate the involvement of cross-border syndicates. Such offenses require a thorough investigation, including custodial interrogation in appropriate cases. 8. The Supreme Court in P. Chidambaram v. Directorate of Enforcement2 held that the power under Section 438 CrPC has to be exercised sparingly. The privilege of pre-arrest bail should only be granted in exceptional cases. Paragraph no. 69 is reproduced as under: - “69. Ordinarily, arrest is a part of procedure of the investigation to secure not only the presence of the accused but several other purposes. Power under Section 438 Cr.P.C. is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre-arrest bail should be granted only in exceptional cases. The judicial discretion conferred upon the court has to be properly exercised after application of mind as to the nature and gravity of the accusation; possibility of applicant fleeing justice and other factors to decide whether it is a fit case for grant of anticipatory bail. Grant of anticipatory bail to some extent interferes in the sphere of investigation of an offence and hence, the court must be 2 (2019) 9 SCC 24. 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 18/08/2026 at 11:17:26 circumspect while exercising such power for grant of anticipatory bail. Anticipatory bail is not to be granted as a matter of rule and it has to be granted only when the court is convinced that exceptional circumstances exist to resort to that extraordinary remedy. [Emphasis Supplied] 9. The Supreme Court in State of Maharashtra & Ors. v. Mohd. Sajid Hussain Mohd. S. Husain3 provided relevant factors for considering the application for grant of anticipatory bail. Paragraph no. 20 is reproduced as under: - “20. The four factors, which are relevant for considering the application for grant of anticipatory bail, are: "(i) the nature and gravity or seriousness of the accusation as apprehended by the applicant; (ii) the antecedents of the applicant including the fact as to whether he has, on conviction by a court, previously undergone imprisonment for a term in respect of any cognizable offence; (iii) the likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested; and (iv) the possibility of the applicant, if granted anticipatory bail, fleeing from justice.” [Emphasis Supplied] 10. Bearing in mind the status report, more importantly, paragraph no. 14, where it has come on record that the applicant’s son had stated that he along with his father i.e. the present applicant is actively involved in the syndicate, working closely with Shri Ali and the kingpin Praveen Rajpurohit from Bangalore. Thus, further investigation with respect to these aspects will have to be carried out. For the sake of clarity paragraph no. 14 of the status report is extracted as under: “14. Statement of Radhe Krishan dated 11/12.11.2025 • On perusal 'of the seizure panchnama dated 12/13.09.2025. he admitted that he was fully aware that smuggled foreign origin cigarettes were 3 (2008) 1 SCC 213. 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 18/08/2026 at 11:17:26 concealed in truck No. RJ10GC2393. which were smuggled from Myanmar Border. • He corroborated the statement of Hema Ram of having shared the location of Aman Dhaba, Palwal for unloading the cigarettes from the truck. He stated that he was doing it on the instructions of Praveen Rajpurohit. He admitted that he- had deleted chats between him and Praveen Rajpurohit on the instructions of Praveen Rajpurohit to avoid detection after the detection of FO cigarettes in this case. • Radhe Krishan admitted that he along with Rajugir and his brother-in- law' Vikram was previously arrested by Shillong Customs in a similar cigarette smuggling case and are currently on bail and all the expenses related to bail matter was borne by Praveen Rajpurohit. • He stated that the payments received in cash from Praveen Rajpurohit from the sale proceeds of Cigarettes was further used for payments of instalments of trucks used in smuggling syndicate. In the month September-2025, he transferred an amount of Rs.50000/- in two instalments of Rs.30000 and Rs.20000 to account of his uncle Rajugir on 06.09.2025 for paying EMI of truck No. RJ 10 GC 2393 from which smuggled foreign origin cigarettes were seized. • He stated that they have a total of 8 trucks in name of various relatives, they pay for the EMI of these trucks. He stated that the transfers to specific accounts to his relatives were for payment of the EMI of the trucks bought in their name. • He stated that the smuggling operation from North Eastern Border of India was facilitated by one Ali based in Khanamukh, Guwahati, with associates Ronak Saini (his school friend), Suresh Puri (his cousin) and Pardeep Ojha @ Guwahati Maharaj. All of them helped in smuggling cigarettes loaded onto the intercepted truck NO. RJ10GC2393. • He stated that he along with his father, Jai Narayan, are actively involved in the syndicate working closely with Shri Ali and the kingpin Praveen Rajpurohit from Bangalore. • He stated that Praveen Rajpurohit runs a firm by the name Hitech Trade Link in Bangalore which is into sale-purchase of paper rolls "Captain Gogo" and lighters. Radhe further stated that Praveen Rajpurohit is the Kingpin of the smuggling syndicate of sin goods through North Eastern Bord.ers of. India. He further stated that he has been involved since 2024 under instructions from his father and Praveen. 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 18/08/2026 at 11:17:26 • Radhe Krishan admitted to traveling to Guwahati frequently for syndicate-related activities and met Praveen Rajpurohit in Bangalore in August 2025. • He stated that Praveen Rajpurohit pays Rs.2000/- per cigarette carton for transporting it from Guwahati to Delhi NCR. Similarly, in this case, he was to receive ah amount of Rs.2000/- per carton for transporting the smuggled cigarettes from Guwahati to Delhi NCR, if they had been safely unloaded at Aman Dhaba, Palwal. He generally makes around Rs.1 Lac from one to and fro trip of Delhi- Guwahati route.” 11. It has also come on record in the status report that larger conspiracy has been hatched by Praveej Rajput @ PR along with Promod, Radhe Krishan, Jainaryan and Shri Rajugir together for smuggling foreign cigarettes. 12. In view of the aforesaid principles governing anticipatory bail, this Court is not inclined to grant benefit of anticipatory bail to the applicant. 13. Therefore, the application stands dismissed and the pending application also stands dismissed. PURUSHAINDRA KUMAR KAURAV, J AUGUST 13, 2026 aks/ad 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 18/08/2026 at 11:17:26