NCB Moves Delhi HC Against Trial Court Order Seeking Investigating Officers' Cell Location in Drug Case

The Narcotics Control Bureau (NCB) recently moved the Delhi High Court against a trial court order that directed the preservation and disclosure of cell location data and mobile details of NCB investigating officers(IO).

The trial court had passed the order in response to an application filed by an accused in a drug trafficking case, directing that Cell Location ID charts and mobile data of the investigating officers be preserved and shared.

Opposing the direction before the High Court, the NCB argued that such disclosure poses a 'serious threat' to operational confidentiality, national security, and ongoing investigations. The agency, therefore, sought a stay on the trial court’s order.

While considering the matter, a bench presided over by Justice Ravinder Dudeja issued notice to the accused, Naveen Fogat, seeking his response. The HC directed him to file a reply within four weeks and listed the case for further hearing on October 9, 2025.

During the proceedings, counsel for Fogat submitted that the Cell Location ID charts are crucial to establish custodial irregularities. It was argued that such records are only maintained for two years, which makes their timely preservation essential.

The instant case stems from specific intelligence received by NCB officers, following which 28 parcels suspected to contain LSD and MDMA were seized.

During the investigation, a man named Avtar Singh, who had booked the parcels, told the agency he was acting on the instructions of Naveen Fogat, who allegedly operated under the alias ‘Zambada Cartel’ on the Darknet.

Based on this disclosure, the NCB booked Fogat in July 2023, following his voluntary statement under Section 67 of the NDPS Act.

On May 21, 2025, Fogat moved an application before the trial court under Section 94 of the BNSS, seeking preservation and production of call detail records (CDRs) and Cell Location ID charts pertaining to himself, his relatives, and the investigating officers.

Thereafter, the Special Judge partially allowed the plea, directing that the location data be preserved and shared, with certain parts redacted.

Challenging this, the NCB argued that even partial redaction mandates production of officer location charts, which could severely compromise investigative integrity, endanger undercover assets, and violate established legal principles of necessity, proportionality, and privacy.

The agency said, "Because these charts also expose movements and meeting points of secret informers, breaching their expectation of confidentiality and placing their lives at risk."

Citing judgments of coordinate benches of the High Court in Krishan Pawdia v. State of NCT of Delhi and State v. Haripal (Crl. MC 1239/2018), the NCB pointed out that it has been consistently held that disclosure of officer CDRs is impermissible when it endangers officer safety or informer anonymity.

“Because Article 21’s protection of the right to life and personal liberty encompasses privacy interests in personal and operational data, including that of government officers,” the NCB added.

It has also been argued that indiscriminate disclosure of investigating officers’ Cell Location charts, without compelling necessity, violates due process and fair trial guarantees.

Accordingly, the agency has sought quashing or setting aside of the impugned order dated July 4, 2025, passed by the Special Judge (NDPS), Patiala House Courts, New Delhi.

Appearance

For Petitioners: Mr. Arun Khatri, SSC with Mr. Akshay, Mr. Sahiil, Ms. Anoushka Bhalla, Ms. Shelly and Ms. Tracy Sebastian, Advs.

For Respondents: Mr. Anand Kumar, Mr. Aditya Giri, Mr. Chetan Singh, Advs. 

Case Title: NARCOTICS CONTROL BUREAU VS NAVEEN FOGAT

Read order here: