Delhi court denies pre-arrest bail to IPS officer accused of illegal drug raids

A Delhi court denied anticipatory bail to IPS officer Shankar Choudhary, accused of illegal drug raids, wrongful detention, and bribery.

A Delhi court on Saturday dismissed the anticipatory bail plea of an IPS officer accused of conducting illegal drug raids in the Capital, keeping several people in his custody, and receiving bribes for their release.

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Special judge (NDPS) Manu Goel Kharb of Dwarka Courts said the case was an example of clear abuse of authority and misuse of power by an IPS officer, who was well versed with the process of law and an insider to the law enforcement machinery.

Shankar Choudhary served as the deputy commissioner of police (Dwarka) until June 2022. He was relieved from duty and transferred to the Delhi Police headquarters after his name surfaced in connection with an alleged scuffle inside a South Delhi club. In July 2023, he was transferred to Mizoram Police, where he is currently in service.

The present case relates to illegal raids conducted in Delhi for nine days in November 2023. Choudhary was then the Superintendent of Police (Narcotics) in Mizoram.

During the vigilance enquiry conducted by the joint commissioner of police (southern range), it was found that based on statements from Delhi Police personnel, daily diary entries and electronic evidence, Choudhary allegedly conducted raids without lawful authority, carried out illegal searches and seized valuables without preparing a seizure memo or maintaining statutory records.

The inquiry further revealed that Choudhary kept several people in illegal custody for multiple days without formally arresting them or producing them before a magistrate.

“It is expected of a person of the rank of IPS to maintain integrity and honesty in public service, high ethical standards and discipline in the discharge of his duties, but the applicant herein failed to maintain transparency and accountability and conducted himself in a totally defiant manner,” the bench noted.

Moreover, the officer also received bribes to facilitate the release of a foreign national who had been identified as a key operative of an international narcotics trafficking network.

The alleged raids pertained to two FIRs lodged under sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in 2023 in Mizoram, related to a narcotics smuggling racket allegedly involving interstate operations.

Simultaneously, on November 29, 2023, while the raids were ongoing, a PCR call was received at Delhi’s Palam Police Station. The caller, a woman from Nigeria, stated that Mizoram Police had arrested her brother, one of the detainees, and were demanding money for his release.

She specifically named Choudhary as the officer involved in the detention and extortion. The raids were carried out in parts of southwest Delhi and Dwarka.

To be sure, the Mizoram Police and the state government of Mizoram conducted an internal inquiry and submitted a report to the Ministry of Home Affairs, in which they pointed toward procedural lapses, misuse of power and unauthorised operations undertaken by the officer under the guise of legitimate drug raids.

The court also noted that CCTV footage showed Choudhary, accompanied by Delhi Police personnel, entering the residence of one of the detainees and keeping him illegally detained for over 72 hours. He also seized the property without preparing a seizure memo.

The court said a separate inquiry by the Mizoram government revealed that the officer was on leave till November 20, 2023, and later voluntarily decided to stay back in Delhi and led the Mizoram anti-narcotics team without authorisation.

The court noted that various items were seized from one of the raids, including documents, fake currency notes and mobile phones.

The court said Choudhary is also alleged to have fabricated the statements of three co-accused to connect them to the main kingpin.

“Mizoram government’s report suggests that the applicant also needs to be investigated qua the offences of creating false and fabricated documents. The offence committed by the applicant undermines the integrity of the justice system, erodes public trust and tarnishes the image of police as a whole,” the court underlined.

The bench further emphasised that since the accused was a high-ranking police official, there was a possibility of him influencing witnesses and tampering with evidence if granted anticipatory bail.

The prosecution’s case was argued by additional public prosecutor Vijender Kharb.