Interim Order 17

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC No. : 495/2025
FIR No. : 455/2024
State v. Anchit Jain
PS : Special Cell
01.09.2025
Present: Sh. Alok Saxena, Ld. CPP for State.
Sh. Aseem Atwal, Ld. Counsel for applicant/accused
Anchit Jain through VC.
IO SI Shailesh Kumar in person.
1. This order of mine shall dispose off the application of
applicant/accused Anchit Jain for seeking release of passport as well
as permission to travel abroad alongwith application for preponement
of date of hearing.
2. Ld. Counsel for the applicant/accused Anchit Jain has
contended that work visa of the applicant/accused Anchit Jain of
Thailand is expiring on 02.09.2025 and he has certain professional
commitments. Therefore, passport of applicant/accused Anchit Jain
may kindly be released and permission be granted to travel abroad.
3. On the other hand, Ld. CPP for the State has strongly
opposed the said application.
4. Arguments on the application for release of the passport
alongwith permission to travel abroad heard and the application and
the IO report perused.
5. Applicant/accused Anchit Jain was granted anticipatory
bail by the Court of Sh. Sudhir Kumar Sirohi, Ld. ASJ/Special
Judge/NDPS, Patiala House Courts, New Delhi vide order dated
14.05.2025 subject to the condition that applicant/accused Anchit Jain
would join the investigation and the applicant/accused would deposit
his passport with the investigating officer and would not leave the
Delhi/NCR and India without prior permission of the Court.
6. However, as per the IO report, the State has challenged
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the said anticipatory bail order because the present case pertains to
International Drug Cartel wherein there is seizure of not only 1290
kgs of Cocaine and Mephedrone but also 39.706 kgs of Marijuana. As
per the IO, there are allegations that applicant/accused Anchit Jain
was the supplier of the contraband i.e. 39.706 kgs of Marijuana from
abroad to India and thus, facilitating International Drug Trafficking.
IO has also reported that the applicant/accused Anchit Jain did not
cooperated in the investigation and therefore, the State has challenged
the said order dated 14.05.2025 whereby the anticipatory bail was
granted to the applicant/accused Anchit Jain and the said matter is
fixed for 24.09.2025 before the Hon’ble High Court of Delhi.
7. Considering the fact that anticipatory bail granted to the
applicant/accused Anchit Jain has been challenged by the State and
the same is pending for consideration before the Hon’ble High Court
for 24.09.2025. As per judicial propriety, when the matter is pending
before the Hon’ble High Court of Delhi then this Court should not
interfere in the said matter because the matter is subjudice before the
Hon’ble Superior Court. Also, the anticipatory bail of the
applicant/accused Anchit Jain was under challenge and if the
permission is granted to the applicant/accused Anchit Jain to leave
India and his passport is also released then there is every possibility
that applicant/accused Anchit Jain would abscond and would never
return back to India and the very purpose of the said cancellation of
anticipatory bail application which is pending before the Hon’ble
High Court of Delhi for 24.09.2025 would become infructuous
because applicant/accused Anchit Jain would be beyond the clutches
of the law and abscond to foreign country. Then, it would be also very
difficult for the investigating agencies to arrest the applicant/accused
Anchit Jain. As, the applicant/accused is alleged to be supplier of the
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commercial quantity of contraband i.e. 39.706 kgs of Marijuana and
there is a bar u/s 37 of NDPS Act as it is a case of commericial
quantity. Even the requirement that the work visa would elapse is not
said to be such an urgent immediate ground considering grave nature
of offence alleged against the applicant/accused. Even, the chargesheet
could not be filed by the IO against the applicant/accused Anchit Jain
till date because as per IO, the applicant/accused had not cooperated in
the investigation.
8. In view of the aforesaid reasoning and in view of the
judicial propriety that the matter is still subjudice before the Hon’ble
High Court of Delhi for 24.09.2025 and there is no urgent immediate
requirement of the applicant/accused Anchit Jain to travel abroad and
for the release of passport. So, I do not find any merit in the present
application of the applicant/accused Anchit Jain. Hence, the present
application of the applicant/accused Anchit Jain for release of passport
along with permission to travel abroad is dismissed. The said
application is disposed off accordingly.
9. Application for the preponement is also disposed off
accordingly.
10. Copy of this order be given dasti to Ld. Counsel for
applicant/accused.
11. Copy of this order be sent dasti to IO.
(Ekta Gauba Mann)
Special Judge (NDPS-01)
(Central) Tis Hazari Courts
Delhi/01.09.2025
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