The Delhi High Court recently sought a response from the respondent in a petition filed by the Narcotics Control Bureau (NCB) challenging a special court’s order to disclose the mobile location details of an investigating officer (IO) involved in a drugs case. Justice Ravinder Dudeja directed the respondent, Naveen Fogat, to file his reply within four weeks.
Background of the Case
Naveen Fogat was arrested for allegedly using a dark web platform to communicate with clients regarding drug requirements and shipping psychotropic substances through his associates. However, before the Special Judge (NDPS) at Patiala House Courts, Fogat raised allegations of custodial irregularities. He claimed that he was illegally detained by the NCB on July 19, 2023, even though his name appeared in the disclosure statements of co-accused persons only on July 20, 2023—the day of his formal arrest.
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To substantiate his claims, Fogat filed an application under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking the preservation and disclosure of Cell Location ID charts and mobile data of the investigating officer, Chetan Sharma, and Superintendent Amit Kumar Tiwary. He argued that these records would reveal whether he was unlawfully detained before his official arrest.
The NCB opposed the special court’s order, contending that disclosing such sensitive data would jeopardize operational confidentiality, national security, and ongoing investigations. Represented by Senior Standing Counsel Arun Khatri, the NCB sought an immediate stay on the order, pending final adjudication.
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On the other hand, Fogat’s counsel, Anand Kumar, emphasized that mobile location records are typically retained for only two years, making it imperative to secure the data before it is erased. The special court had allowed Fogat’s application, prompting the NCB to approach the High Court.
After hearing preliminary arguments, Justice Dudeja issued a notice to Fogat and granted him four weeks to file a detailed reply. The case has been listed for further hearing on October 9, 2025.
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“The disclosure of location data could reveal investigative methodologies and compromise sensitive operations,” argued the NCB.
“The records are crucial to proving custodial irregularities and ensuring transparency,” countered Fogat’s legal team.
Case Title: NCB v. Naveen Fogat
Case No.: CRL.M.C. 4422/2025
For NCB (Petitioner): Mr. Arun Khatri, SSC, with Mr. Akshay, Mr. Sahil, Ms. Anoushka Bhalla, Ms. Shelly, and Ms. Tracy Sebastian, Advocates.
For Naveen Fogat (Respondent): Mr. Anand Kumar, Mr. Aditya Giri, and Mr. Chetan Singh, Advocates.