Anticipatory bail under the NDPS Act requires strict compliance with statutory conditions, and non-cooperation with investigation justifies denial due to risks of evidence tampering.

JUDGMENT :

RAVINDER DUDEJA, J.

1. The present first petition under Section 438 of the Code of Criminal Procedure, 1973 is filed on behalf of the petitioner for grant of anticipatory bail in Crime No. VIII/21/DZU/2023 under Sections 8C, 22C, 23C, and 29 of the NDPS Act, registered at Police Station NCB, R.K. Puram, New Delhi.

2. Facts as per the status report submitted by the NCB are that, on 08.05.2023, the NCB seized 14,700 Alprazolam tablets and 10,030 Tramadol tablets from a courier parcel in Mahipalpur, Delhi. Investigation revealed the parcel was booked under the name Niraj Kumar Pathak and traced to SSB Enterprise in Gwalior. Statements of various persons were recorded, including booking clerk of SS enterprise Mr. Pushpendra, bus driver named Mahesh, Rashid @ Munna Kulli and Pankaj Sahu, which revealed the role of the present applicant Ankit Goyal. On 14.05.2023, Pankaj Sahu in his statement under section 67 NDPS Act disclosed that at the instructions of applicant, he used to receive the parcel from Jhansi bus stand and hand over the same to the applicant, and the applicant coordinated the consignments, shared Aadhaar details, and made payments for booking parcels. The applicant's mobile number was linked to chats with the courier agent, and CDR/IP logs confirmed his location with co-accused. He was granted interim protection by the trial court, but he did not cooperate with the ongoing investigation.

3. The applicant later appeared and admitted using mobile numbers and bank accounts tied to the offence. He claimed his phone was lost but filed a report only after a co-accused was arrested. NCB’s analysis of chats, transactions, and device records established the applicant’s involvement in earlier consignments as well. The Trial Court dismissed his anticipatory bail applications, noting his non- cooperation and risk of tampering with evidence. The investigation is ongoing to identify the larger network and the source of the contraband.

Role of the applicant according to the NCB

4. The applicant is alleged to be the key conspirator in the illegal trafficking of controlled substances, specifically Alprazolam and Tramadol, by coordinating the procurement, concealment, and shipment of drug consignments through intermediaries. As per statements recorded under Section 67 of the NDPS Act, the applicant instructed co-accused Pankaj Sahu to receive parcels from Jhansi, shared an Aadhaar card in the name of a fictitious sender, arranged payments, and communicated logistics via WhatsApp using mobile number 9795326907. He also allegedly used a bank account belonging to another person for transactions related to the drug parcels. Digital evidence, including call detail records and IP logs, shows the applicant in contact with key accused and at relevant locations during the commission of the offence. The applicant failed to cooperate with the investigation despite multiple notices and is suspected of attempting to destroy evidence.

Submissions made by the applicant

5. The learned counsel for the applicant submitted that the present case arises out of Complaint No. VIII/21/DZU/2023, registered under Sections 8(c), 22(c), 23(c), and 29 of the NDPS Act at PS NCB, RK Puram, New Delhi, in relation to a parcel intercepted on 08.05.2023 containing 14,700 Alprazolam tablets and 10,030 Tramadol tablets. The name and Aadhaar of one Neeraj Kumar Pathak were affixed tothe parcel, and the booking was allegedly facilitated through SSB Enterprises, Gwalior, at the instance of a person using th