New Delhi: A Delhi court on Saturday rejected the anticipatory bail application filed by Indian Police Service (IPS) officer Shankar Choudhary in connection with a criminal case alleging unauthorised raids during a 2023 narcotics operation and illegal detention of suspects in the national capital.
Dismissing the plea, Special Judge (NDPS) Manu Goel Kharb of Dwarka Courts described the case as a “classic example of clear abuse of authority and misuse of power” by a senior police officer well-versed in the law.
Court’s Strong Observations on Conduct
In a sharply worded order, the court observed that an IPS officer is expected to maintain integrity, transparency, and high ethical standards in public service.
“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 discharge of his duties, but the applicant herein failed to maintain transparency and accountability and conducted himself in a totally defiant manner,” the court said.
The judge noted that the alleged actions undermined the integrity of the justice system, eroded public trust, and tarnished the image of the police force as a whole.
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Allegations of Unauthorised Raids and Illegal Detention
According to the First Information Report (FIR) registered by the Delhi Police on February 5 following a vigilance inquiry, Choudhary personally led raids in the Dabri-Bindapur area between November 21 and 29, 2023, without written authorisation from the Mizoram government or any intimation to Delhi Police headquarters.
At the time, Choudhary, a 2011-batch IPS officer, was posted as Superintendent of Police (Narcotics) in the Mizoram Police.
The FIR further alleged that on November 26, he entered the residence of a Nigerian national and walked out with a locker and two bags without preparing a seizure memo, inventory list, or panchnama.
The court also referred to CCTV footage that allegedly showed Choudhary, accompanied by Delhi Police personnel, entering a detainee’s residence, detaining him for over 72 hours, and seizing case property without following mandatory legal procedures.
Questions Over Leave and Authorisation
The court took note of a report submitted by the Mizoram government to the Ministry of Home Affairs, which cited serious procedural lapses and alleged misuse of power.
According to the report, Choudhary had travelled to Delhi from Mizoram while on sanctioned leave, which ended on November 20, 2023. Instead of returning to duty, he allegedly remained in Delhi and led the Mizoram anti-narcotics team without proper authorisation.
The court observed that “there is much more than that I can see,” while referring to the materials placed on record.
Allegations of Fabrication and Evidence Tampering
The order noted that various items were seized during the raids, including documents, fake currency notes, and mobile phones. Choudhary was also accused of fabricating statements of three co-accused individuals to link them to the alleged main kingpin.
“The report of the Mizoram Government suggests that the applicant also needs to be investigated qua the offences of creating false and fabricated documents,” the court said.
The judge further observed that granting anticipatory bail to a high-ranking officer could create the possibility of influencing witnesses or tampering with evidence.
Prosecution and Defence Arguments
Additional Public Prosecutor Vijender Kharb opposed the anticipatory bail plea, arguing that the allegations involved serious misuse of authority and procedural violations.
On the other hand, Choudhary’s counsel, Advocate Ankit Bhushan, argued that statements of independent witnesses and members of the raiding team did not indicate misconduct by the officer.
The defence also contended that CCTV footage did not show Choudhary holding the bag containing alleged recoveries, but rather one of the detainees. In his plea, the officer denied all charges and maintained that the prosecution lacked the requisite sanctions under the Mizoram Police Act to proceed against him.
Choudhary could not be reached for comment following the court’s order.
Background: Previous Posting in Delhi
Before his posting in Mizoram, Choudhary had served in Delhi as Deputy Commissioner of Police (Dwarka) until June 2022. He was transferred following allegations related to a late-night party brawl. The complaint in that matter was later withdrawn, and the police attributed it to a communication gap.
