IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR st ON THE 21 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 53913 of 2025 SEBAL KUMAR MATI Versus UNION OF INIDA THROUGH CUSTOMS DEPARTMENT Appearance:

Senior Advocate Shri Virendra Sharma along with Shri Jitendra Sharma, learned counsel for the applicant.

Shri Prasanna Prasad, learned counsel for the respondent [R-1].

ORDER

1. This second application has been filed by applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 1 of 2024 registered at Police Station- Union of India, Department of Custom Duty, through Customs Department, Customs Commissionerate, District - Indore (M.P.) for offence punishable under Sections 8-C/22-C, 8-C/21, 29 of the NDPS Act. The applicant is in judicial custody since 18/02/2025. Applicant's first bail application was dismissed as withdrawn vide order dated 26/08/2025 passed in MCRC no. 23741 of 2025.

2. Learned Counsel for the applicant in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. The narcotic contraband Alprazolam tablets were not seized from active and immediate possession of the applicant. Allegedly, Rajendra Singh was given the Alprazolam tablets by Amit Baghel. Applicant is implicated merely for the reason that he is husband proprietor of firm which has received the Alprazolem tablet of relevant Batch no. as informed by the manufacturer. No offence, as alleged, is committed by the applicant. The final report has been submitted on submission of investigation. Applicant has clean past, with family roots, property and employment. There is no history of evading process of law. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and the dependent family. Applicant is ready to cooperate in further rial.

3. Per contra, learned Counsel for the respondent opposes the bail application on the ground of gravity of alleged offence. Learned counsel further submits that the investigation reveals complicity of the applicant in the alleged offence. The Alprazolam tables manufactured by Licencee M/s Airin Pharmaceutical were sold to other licencee M/s S.S.S. Enterprises operated by applicant in name of his wife. His complicity in the alleged offence is prima-facie made out. The application is meritless and deserves to be dismissed. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.

4. As per the accusation on case diary, Rajendra Singh was found transporting Alprazolam tables, total quantity 5.08 kg ( 46,200 tables) on 18/03/2024. Rajendra Singh informed that Amit Baghel had provided the Alprazolam tables. Tracing the batch numbers on strip of Alprazolam table, the licencee M/s Airin Pharmaceutical was called for investigation.

The Airin Pharmaceutical informed that they have sold the Alprazolam tablets to M/s S.S.S. Enterprises. It was revealed that applicant is husband of the licencee and proprietor of M/s S.S.S. Enterprises. in fact, he is operating the illegal trade of Alprazolam tables. Accordingly, applicant was arrested on 18/02/2025. He is in custody ever since.

7. Section 37(1)(b) of the NDPS Act provides as under :

37. Offences to be cognizable and non-bailable-

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of

1974)-

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity, shall be released on bail or on his own bond unless-

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grou