The court reaffirmed that possession of narcotic drugs exceeding defined quantities disqualifies bail eligibility under the NDPS Act.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA MISC. CRIMINAL CASE No. 22833 of 2025 KRISH PRATAP ALIAS KRISHNA PRATAP SINGH Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Nikhil Bhatt - Advocate for applicant.

Shri C.K. Mishra - Government Advocate for State.

Heard on : 19.08.2025 Pronounced on : 26.08.2025 ORDER This is the first application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ 439 of Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.101 of 2025 registered at Police Station - Kotwali Shahdol, District - Shahdol (M.P.) for the offence punishable under Sections 8 /21 of the NDPS Act, 1985 and Sections 5 /13 of the M.P. Drugs Control Act, 1949 . The applicant is in custody since 19.03.2025.

2. Learned counsel for applicant has submitted that applicant Krishna Pratap @ Krishna Pratap Singh s/o Kunwar singh was arrested on 19.03.2025 for the offence punishable under Sections 8 /21 of the NDPS Act and from Signature Not Verified Signed by: DHEERAJ his possession NRX Buprenorphine Hydrochloride Injection 0.3 mg total 45 ampoules have been recovered. In the same way Pheniramine Maleate Injection 2 ml total 29 ampoules and Promethazine Hydrochloride Injection 2 ml total 445 ampoules, total 519 injections have been seized. Learned counsel for applicant has submitted that except NRX Buprenorphine Hydrochloride Injection, other injections do not come in the purview of narcotic drugs as defined in the scheduled annexed with the NDPS Act. 3. Learned counsel for applicant has submitted that only 45 ampoules of NRX Buprenorphine Hydrochloride Injection have been seized from the possession of applicant, hence, the applicant is entitled to be released on bail.

4. Learned counsel for applicant to strengthen his argument has further submitted that 1 gm Buprenorphine is small quantity and 20 gm is commercial quantity and relying on the judgment passed by Hon'ble the Kerala High Court in the case of Salam s/o Abdul Kader vs. Union of India in WP (C) No.3934 of 2005 vide order dated 30.07.2007, particularly para No.2 in which it has been mentioned that "Buprenorphine" injection or "Buprenorphine" Hydrochloride injection is a sterile solution of Buprenorphine Hydrochloride in water for injection and the standards for the same are given in the Indian Pharmacopoeia, 1996. As per Indian Pharmacopoeia, 1996 small quantity and commercial quantity of Buprenorphine is fixed as follows :

5. As per the Indian Pharmacopoeia standards one gram of Buprenorphine is 3333.33 milliliters when it is in liquid form for the purpose of small quantity. For the purpose of commercial quantity 20 grams of Signature Not Verified Signed by: DHEERAJ Buprenorphine is 66666.60 milliliters when it is in liquid form.

6. Learned counsel for applicant has further relied on the judgments passed by Hon'ble the Punjab and Haryana High Court in the case of Pardeep Kumar @ Manga vs. State of Punjab in CRM-M No.8308/2025 dated

18.03.2025 in which Hon'ble the High Court has approved this principle.

7. Learned counsel for applicant has further submitted that the same principle has been followed by the Co-ordinate Bench of this Court in the case of Rahul Shukla vs. The State of Madhya Pradesh passed in M.Cr.C. No.50434/2024 dated 09.12.2024, in the case of Deep Chandra Agrahari vs. State of U.P. passed in Criminal Misc. Bail Application No.41536 of 2024 dated 12.11.2024 by Hon'ble the Allahabad High Court, in the case of Mahesh @ Manish vs. State of Haryana passed in CRM-M No.59377/2022 dated 16.10.2023 by Hon'ble the High Court of Punjab and Haryanain in which this factor has been considered, in the case of Mohammad Farid s/o Mohammad Hallem vs. State of Chhattisgarh Through Station House Officer passed in M.Cr.C. No.6426 of 2025 dated 13.08.2025 and by Hon'ble the Apex Court in the case of Shabna