The Court held that the stringent restrictions on bail under Section 37 of the NDPS Act do not apply when the contraband is of intermediate quantity, especially when the applicant has no criminal antecedents and material witnesses have already been examined.

ORDER

1. This second application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No. 230/2025 registered at Police Station - Ringnod, District-Ratlam (M.P.) for offence punishable under Sections 8, 22, 25 of NDPS Act. Applicant is in judicial custody since 03/06/2025. First bail application was dismissed as withdrawn with liberty to renew the prayer after examination of seizure witness vide order dated16.9.2025 passed in MCRC No. 41195/2025. Thereafter, independent seizure witness Jitendra Singh (PW-1) and Vishwajeet (PW-2) have been examined.

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

4. Learned counsel for the applicant in addition to the grounds mentioned in the application submits that the applicant is falsely implicated in the alleged offence merely on suspicion. No incriminating material, much less, narcotic contraband, was recovered from the active and conscious possession of applicant. He has not committed the alleged offence. Initially, the applicant was prosecuted for joint possession of the narcotic contraband MDMA, but on chemical examination of the contraband drug, the FSL reported that the contraband is Mephedrone. Therefore, the interdict contained under Section 37 of NDPS Act would not apply to the present case. The final report has been submitted. The independent seizure witness Jitendra Singh (PW-1) and Vishwajeet (PW-2) have been examined. There is no likelihood of tampering with the remaining evidence by the applicant as the material prosecution witness have been examined. Jail incarceration is causing hardship to the young applicant. Applicant is ready to cooperate in the trial.

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.

6. According to the material available on case diary, S.I. Shivendra Kumar of P.S. Ringnod intercepted one motorcycle near Dahkheda bifurcation. Sameer Khan raider and Balwant Singh pillion raider were apprehended on 3.06.2025 to verify the secret information. On personal search of Sameer Khan, narcotic contraband suspected to be MDMA quantity 41 grams, was recovered from right side pocket of full pent of Sameer Khan. The motorcycle, narcotic contraband, and mobile phones were seized from the joint possession of Sameer Khan and Balwant Singh. Sameer Khan was arrested on 3.06.2025. He is in custody ever since. The final report has been submitted. The sample of contraband was forwarded for chemical analysis. The Scientist of Forensic Science Laboratory reported that 3, 4 Methylenedioxymethamphetamine has not been detected in Exhibit 'A' however, Mephedrone has been detected in Exhibit 'A'. The seized narcotic comes with the immediate quantity of Mephedrone. The veracity of prosecution will be determined after evidence in the trial. The independent seizure witness Jitendra Singh (PW-1) and Vishwajeet (PW-2) have been examined. The trial would take time to conclude. In view of the aforestated facts, this Court is of the considered opinion that the interdict contained under section 37 of NDPS Act would not apply against the applicant.

7. As informed, the applicant is aged around 22 years and is a driver by profession and still dependent on family and survives on oc