IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 8 OF MAY, 2025 MISC. CRIMINAL CASE No. 16602 of 2025 MOHAMMAD TOKIR Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Khuzema Kapadia, Advocate for the applicant.

Ms. Mridula Sen, Govt. Advocate for the respondent/State.

ORDER This second application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Crime No.156/2024 registered at Police Station-Nai Aabadi, District Mandsaur(M.P.) for offence punishable under Sections 8/15, 22 and 29 of NDPS Act, 1985. Applicant is in judicial custody since 05.08.2024. His first application was dismissed as withdrawn vide order dated 13.03.2025, passed in M.Cr.C. No.56007 of 2024.

As per the case of prosecution, A.S.I. Sunilsingh Tomar of P.S. Nai Aabadi, Mandsaur(M.P.) received a secret information that Tokir Ahmad @ Mohammad Tokir S/o Mohammad Ismail Ahmad is transporting the narcotic contraband Doda-chura(poppy-straw) and MD powder(Mephedrone). Accordingly, the higher officials were intimated and a raid was conducted on 05.08.2024. Tokir Ahmad(applicant) was apprehended on Jaipura Fanta Signature Not Verified bifurcation at Dalauda, Mandsaur road. On his search in compliance with the procedure, 7 Kilo 500 Grams of narcotic contraband - poppy-straw and 160 Grams of narcotic contraband MD(Mephedrone) was recovered from the possession of Tokir Ahmad. Both the contrabands were seized in due compliance with the procedure. Applicant - Tokir was arrested. Crime No.156/2024 for offence punishable under Sections 8 R/w Section 15, 22 and 29 of NDPS Act was registered. On completion of investigation, final report was submitted on 31.01.2025.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in this matter. The chemical analysis report of C.F.S.L. Bhopal with regard to contraband Mephedrone, was not submitted alongwith the charge-sheet, therefore, charge-sheet was incomplete. Learned counsel referring to the order dated 05.11.2024, passed in M.Cr.C. No.32575/2024, order dated 11.12.2021 and 13.12.2021, passed in S.L.A.(Crl.) No(s)8164-8166/2021 by the Hon'ble Supreme Court, order dated 01.05.2023, passed by the Hon'ble Supreme Court in SLA(Crl.) No(s)11628/2022, order dated 04.12.2023(Pankaj Gupta Vs. Narcotics Control Bureau), passed by the Hon'ble Supreme Court in SLA(Crl)No(s).12200/2023, order dated 21.11.2023, passed in SLA(Crl) No(s).43791/2023[Pabitra Narayan Pradhan Vs. The State (NCT) of Delhi] and order dated 21.04.2025, passed in S.L.P. (Criminal) No.2993/2025(Jabir Kha Vs. State of M.P.) contends that the FSL report was tendered without filing the supplementary charge-sheet.

Therefore, the applicant deserves to be enlarged on bail.

Signature Not Verified Per contra, learned counsel for the respondent/State opposes the bail application on the ground of gravity of alleged offence.

Heard the arguments, perused the grounds for grant of bail stated in the application and the case diary.

As per the case of prosecution, applicant was apprehended while transporting two different contrabands. 07 Kilo 500 Grams of narcotic contraband - poppy-straw and 160 Grams of narcotic contraband MD(Mephedrone) were allegedly recovered from the possession of the applicant. The chemical analysis report with regard to the Poppy-straw was received and enclosed with the final report. The chemical analysis report with regard to other contraband i.e. Mephedrone(MD) was received and submitted after filing of the final report on 05.05.2025. Hon'ble Supreme Court in the case of Hanif Ansari Vs. State(Govt. of NCR of Delhi) reported in 2024 SCC OnLine SC 537 referring to order in the case of Mohd. Arbaz v. State(NCT of Delhi) 2020 SCC OnLine Del 2542 and Kishan Lal v. State

1989 SCC OnLine Del. 348 held as under :-

3. The point to be addressed in this matter is as