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2025 Supreme(Online)(MP) 3205
HIGH COURT OF MADHYA PRADESH
Dinesh Kumar Paliwal, J
Ankit Bang Maheshwari – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 18816/2025
Narendra Kumar Sharma,Advocate General
Bail under Section 37 of the NDPS Act requires clear evidence of innocence and no likelihood of reoffending; mere detention duration is insufficient.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(b), 21, 22 - M.P. Drugs (Control) Act, 1949 - Bail application under Section 483 of BNSS, 2023 (Section 439 of CrPC, 1973) - Applicant detained since 06.03.2024, seeking bail on grounds of delay in trial - Previous bail applications dismissed on merit and as withdrawn - Significant quantities of narcotics seized from applicant and co-accused - Court emphasizes that possession of narcotics without proper licensing is illegal and that bail under Section 37 of the NDPS Act is stringent. (Paras 1, 3, 19)
(B) Bail - Conditions for grant - Under Section 37 of the NDPS Act, bail is not to be granted unless there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences - Length of custody or filing of charge-sheet are not sufficient grounds for bail. (Paras 8, 9)
Facts of the case:
The applicant, involved in the trafficking of cough syrup containing codeine phosphate, has been in detention since March 2024. His bail applications were previously dismissed, and significant quantities of narcotics were seized from him and co-accused.
Findings of Court:
The court found that the applicant's involvement in the trafficking of narcotics was evident, and the conditions for bail under the NDPS Act were not met.
Issues: The main issues included the legality of the applicant's possession of narcotics and the applicability of bail conditions under the NDPS Act.
Ratio Decidendi: The court ruled that the applicant's possession of a large quantity of narcotics without proper licensing violated the NDPS Act, and the stringent conditions for bail under Section 37 were not satisfied.
Result: Third bail application dismissed.
ORDER
This is third application filed by the applicant under Section 483 of BNSS, 2023 ( Section 439 of CrPC, 1973 ) for grant of regular bail relating to FIR No.109/2024, dated 01.02.2024, registered at Police Station – Maihar, District – Maihar (M.P.) for commission of offence punishable under Sections 8(b), 21 , 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 5/13 of M.P. Drugs (Control) Act, 1949 . Applicant is in detention since 06.03.2024.
2. Applicant's first bail application was dismissed on merit vide order dated 19.12.2024 by a passing detailed order in M. C r. C . No.40558 of 2024. His second bail application was dismissed as withdrawn and not pressed only 28 days ago vide order dated 04.04.2025 passed in M. C r. C . No.13994 of 2025. The order of dismissal of applicant’s bail application passed in M. C r. C . No.40558 of 2024 on 19.12.2024 by this C ourt was assailed by the applicant before Hon’ble the Supreme C ourt by filing Special Leave Petition ( C riminal) Diary No.3980/2025 [Ankit Bung Alias Maheshwari Vs. The State of Madhya Pradesh] and Hon’ble the Supreme C ourt vide order dated 31.01.2025 dismissed the said SLP. The relevant extract of the said order reads as under:-
“1. Having heard the learned counsel appearing for the petitioner and having gone through the materials on record, we see no reason to interfere with the impugned order passed by the High Court.”
3. The bail has been sought on the ground that applicant is in detention since 06.03.2024 i.e. approximately a period of one year & two months and in this period; trial has not been concluded. Thus, on the ground of delay in trial and the detention period of the applicant, it is prayed that applicant may be released on bail, pending the trial.
4. On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant. It is submitted that applicant’s first bail application was dismissed on merit by passing a detailed order.
5. I have heard learned counsel for the parties at length and perused the material available on record as well as case dairy.
6. Applicant’s first bail application was dismissed on merit by this C ourt vide order dated 19.12.2024 by passing a detailed order in M. C r. C . No.40558 of 2024 which reads as under:-
“This is first bail application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail in relation to FIR No.109/2024, dated 01.02.2024 registered at Police Station – Maiher, District Maihar (M.P.) for commission of offence punishable under Sections 8(B) , 21 and 22 of NDPS Narcotic Drugs and Psychotropic Substances Act, 1985 Act and Section 5/13 of M.P. Drug Control Act. Applicant is in detention since 06.03.2024.
2. As per the prosecution story, on 01.02.2024 at around 12:45 A.M. Sub Inspector Santosh Singh Uladi received a secrete information that four persons traveling in a grey colour Brezza car bearing registration number M.P.-17-CC-2955 are transporting onerex cough syrup having codeine phosphate from Amdara side to Maihar side. Said information was recorded in general diary and informer panchanam was recorded. After following due procedure contemplated under the provision of the Act, Sub Inspector Uladi along with independent witnesses reached near Amla Nala, Katni road, Maihar and intercepted grey colour Brezza car bearing registration number M.P.-17-CC-2955. The persons traveling in the vehicle introduced themselves as Santosh Shukla, Manish Saket, Sampat Kumar Mishra and Santosh Kushwaha. They were informed about the information received and were made to understand with their right to get their vehicle searched from Magistrate or Gazetted Officer, but they agreed to give search to Sub Inspector Santosh Singh Uladi. In search of the vehicle in the dicky of vehicle, 15 carton having 120 bottles in every carton of onerex cough syrup having codeine phosphate, in total 1800 bottles of Batch No. OCRS – 1013, worth Rs.3,06,000/- were seized
