Delhi HC Denies Anticipatory Bail in ₹2.4 Cr Foreign Cigarette Smuggling Case: SC Admits SLP Challenging Rejection [Read Order]

The Supreme Court of India has admitted the Special Leave Petition filed by the appellant in a high-stakes smuggling case involving foreign-origin cigarettes worth ₹2.4 crore. The relief comes in the wake of the Delhi High Court’s order rejecting the appellant's plea for anticipatory bail, citing serious economic offences and the need for custodial interrogation.

The case stems from a search operation conducted by the Customs Department at a godown linked to Rakesh Mishra, the appellant's firm, where 12 lakh cigarettes of foreign origin were allegedly recovered.

These cigarettes reportedly lacked mandatory pictorial warnings and Maximum Retail Price (MRP) markings, in violation of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) and the Customs Act, 1962. The seizure was valued at ₹2.4 crore.

According to the prosecution, Mishra’s employees disclosed during interrogation that he was the key figure orchestrating the operations. The High Court noted that WhatsApp chats between Mishra and a co-accused employee named “Gabbar” indicated his involvement in the procurement and distribution of the contraband.

While Mishra claimed he was in Kolkata at the time of the raid and had no knowledge of the consignment, the Court found the evidence sufficient to deny him pre-arrest relief.

The High Court, while dismissing the bail plea, emphasised that anticipatory bail is an extraordinary remedy and must be granted sparingly, especially in economic offences that impact the financial fabric of society.

The Court relied on precedents such as P. Chidambaram v. Directorate of Enforcement and State of A.P. v. Bimal Krishna Kundu, underscoring the need for effective custodial interrogation in such cases.

The High Court also took note of Mishra’s repeated failure to appear before the Investigating Officer despite receiving a summons. His conduct, including sending representatives to seek adjournments, was viewed as non-cooperative. The Court held that granting anticipatory bail at this stage would impede the investigation and potentially shield the accused from scrutiny.

Challenging this order, Mishra approached the Supreme Court through SLP. The Divisional Bench comprising Justice Pankaj Mithal and Justice Prasanna B. Varale issued notice to the Customs Department and directed that no coercive steps be taken against Mishra for six weeks, provided he cooperates with the investigation.

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