IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

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ON THE 27 OF NOVEMBER, 2025 MISC. CRIMINAL CASE No. 50869 of 2025 HANIF Versus STATE OF M.P.

Appearance:

Shri Lucky Bijolia - Advocate for the applicant.

Shri Vishal Singh Panwar - G.A. for the State.

ORDER

1] They are heard and perused the case diary.

2] This is the applicant's fourth bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.1182/2023 registered at Police Station Bhanwarkuan, District- Neemuch (MP) for offence punishable under Sections

8/22 of N.D.P.S. Act. The applicant is in custody since 02/11/2023.

3] The allegation against the applicant is that he was also involved in the aforesaid case, wherein 100 gram MD drug, the commercial quantity of which is

50 grams, has been seized from the possession of applicant.

4] Counsel for the applicant has submitted that the applicant is lodged in jail since 02/11/2023, and only 3 witnesses have been examined out of 17 witnesses. It is submitted that the application was also granted temporary bail on the ground of his ailment and he has not misused the liberty extended to him. It is submitted that the applicant is suffering from the same problem and there are no criminal antecedents of the applicant. It is submitted that the final conclusion of trial is likely to take sufficiently long time, and the application deserves to be allowed on the ground of period of incarceration, and delay in the trial, in which the applicant had no part to play.

5] Counsel for the applicant has also drawn the attention of this Court to an order passed by the Supreme Court in the case of Ankur Chaudhary Vs. State of Madhya Pradesh in Petition(s) for Special Leave to Appeal (Crl.) No.4648 of 2024 dated 28.05.2024 in which applicant was released on bail on the ground of period of custody, and has also observed that right guaranteed under Article 21 of the Constitution of India overrides the statutory embargo created under Section 37(1) (b) of the N.D.P.S. Act. In the case of Ankur Chaudhary (supra), the applicant spent more than two years in incarceration, and only four witnesses were examined, whereas the application for bail was rejected by the trial Court on the ground that only investigating officer is yet to be examined, and his application was also rejected by the High Court. Counsel has also relied upon the decision rendered by the Supreme Court in the case of Rabi Prakash Vs. The State of Odisha in Petition(s) for Special Leave to Appeal (Crl.) No(s).4169 of 2023 dated 13.07.2023 wherein 247 kg cannabis (Ganja) was recovered from the petitioner, and the petitioner was one of the occupants of the truck, and was arrested on the spot, wherein he was in custody for more than three and half years, and there were no criminal antecedents of the petitioner. In the said case only one witness, out of 19 witnesses, was examined, and the Supreme Court has again taken the note of the fact that the fundamental rights guaranteed under Article 21 of the Constitution of India, overrides the statutory embargo created under Section 37(1)(b)(ii) of the N.D.P.S. Act.

6] Counsel for the State, on the other hand, has opposed the prayer, and it is submitted that looking to the quantity seized from the applicant, no case for grant of bail is made out, however, it is not denied that there are no criminal antecedents of the applicant.

7] Heard. Having considered the rival submissions and on perusal of the case-diary, it is apparent that the applicant was found in possession of 100 gram MD drug, the commercial quantity of which is 50 gram, and in the trial, as per the status report sent by the learned Judge of the trial Court, 3 witnesses have been examined out of 17 witnesses cited by the prosecution. It is also found that the applicant is lodged in jail since 02/11/2023 i.e. since last around two years and there are no criminal antece