Delhi HC Issues Notice On NCBs Plea Challenging Direction To Disclose Mobile Location Details Of Officer Probing Drugs Case

Justice Ravinder Dudeja has directed the Respondent, who had sought preservation and disclosure of Cell Location ID charts and mobile data of the IO under Section 94 of BNSS, to file his reply within four weeks.

Respondent was arrested for allegedly using a dark web platform to communicate with clients regarding drug requirements and ship Psychotropic substances to them through his shippers.

However, before the special court, Respondent alleged custodial irregularities preceding his formal arrest.

It is alleged that Respondent was illegally detained in the NCB office on July 19, 2023, in spite of the fact that his name came up in the disclosure statement of the co-accused persons which were recorded only on July 20, 2023.

Respondent had therefore filed an application under Section 94 of BNSS seeking location data to substantiate his claims.

He claimed that Cell Location ID charts would be helpful in revealing the custodial irregularities committed by the Investigating Officer of the NCB.

He further submitted that as per the guidelines, such records are only maintained for a period of two years, and therefore, the same necessitated the filing of the application after framing of charge by the trial court.

After the special court allowed this application, NCB approached the High Court contending that such disclosure poses a serious threat to operational confidentiality, national security and ongoing investigation.

It has also sought a stay on the order till final adjudication of the matter, which is listed next on October 09.

Appearance: Mr. Arun Khatri, SSC with Mr. Akshay, Mr. Sahiil, Ms. Anoushka Bhalla, Ms. Shelly and Ms. Tracy Sebastian, Advs. for Petitioner; Mr. Anand Kumar, Mr. Aditya Giri, Mr. Chetan Singh, Advs. for Respondent

Case title: NCB v. Naveen Fogat

Case no.: CRL.M.C. 4422/2025

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