Interim Order 18

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC No. : 495/2025
FIR No. : 455/2024
State v. Mayank Jain
PS : Special Cell
01.09.2025
Present: Sh. Alok Saxena, Ld. CPP for State.
Sh. Aseem Atwal, Ld. Counsel for applicant/accused
Mayank Jain through VC.
IO SI Shailesh Kumar in person.
1. This order of mine shall dispose off the application
of applicant/accused Mayank 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 Mayank Jain
has contended that passport of applicant/accused Mayank Jain
may kindly be released alongwith permission to travel abroad as
he has certain professional commitments in Thailand.
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 Mayank 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 Mayank Jain would join the investigation and
-- 1 of 4 --
-2-
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 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 Mayank Jain was also one of 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 Mayank 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 Mayank
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 Mayank 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
Mayank Jain was under challenge and if, the permission is
-- 2 of 4 --
-3-
granted to the applicant /accused Mayank Jain to leave India
and his passport is also released then there is every possibility
that applicant/accused Mayank 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 Mayank 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 Mayank Jain. As, the
applicant/accused is alleged to be supplier of the 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 commercial quantity. Even, the
requirement for professional commitment is not said to be such
an urgent immediate ground considering the grave nature of
offence alleged against the applicant/accused. Even, the
chargesheet could not be filed by the IO against the
applicant/accused Mayank 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 Mayank
Jain to travel abroad and release of passport. And, even the work
visa of applicant/accused Mayank Jain is going to expire on
08.09.2026 i.e. after one year. So, I do not find any merit in the
-- 3 of 4 --
-4-
present application of the applicant/accused Mayank Jain. Hence,
the present application of the applicant/accused Mayank Jain
for release of passport alongwith permission to travel abroad is
dismissed. The application is disposed off accordingly.
9. Application for 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
-- 4 of 4 --