Delhi HC Denies Tinku Bail, Finding SIMs in His Phone Prima Facie Link Him to ‘Manav Bidla’ WhatsApp Drug Orders

The applicant sought regular bail in a complaint alleging offences under Sections 8(c), 21, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The prosecution alleged recovery of 5.103 kg of amphetamine during a raid, followed by further recoveries from other persons, and attributed to the applicant a coordinating role in an international drug-peddling cartel.

The applicant argued that the case against him rested solely on co-accused persons’ disclosure statements and that WhatsApp chats filed by the Narcotics Control Bureau (NCB) concerned “Manav Bidla,” not him.

The NCB relied on the applicant’s KYC documents and the seizure memo for his mobile phone, contending that the applicant and Manav Bidla were the same person.

Section 37 of the NDPS Act governs the grant of bail in cases involving commercial quantities and imposes statutory restrictions on release.

The judgment cites no precedents and does not separately set out the statutory conditions.

The Court found that the WhatsApp chats were not disconnected from the applicant merely because they identified the user as Manav Bidla. The applicant’s KYC form listed the number associated with those chats as an alternate contact number, and the SIM cards for both relevant numbers were recovered from the same mobile phone seized from him.

The Court therefore considered it prima facie apparent that the applicant used both names and found that the chats—describing orders for contraband, quantities, acknowledgements and payments—provided material beyond the co-accused persons’ disclosure statements. Because the alleged quantity was commercial, the Court assessed the application under Section 37 and held that the circumstances did not support bail.

It dismissed the bail application and directed that a copy of the order be sent to the concerned Jail Superintendent for communication to the applicant.