IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL MISC. CRIMINAL CASE No. 45404 of 2025 RAMPAL PANDEY Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Suryash Singh - Advocate for applicant.

Shri C.M. Tiwari - Government Advocate for State.

Reserved on : 09.01.2026 Pronounced On : 21.01.2026 -------------------------------------------------------------------------------------------------------------------

ORDER This is the first application filed by the applicant under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023/Section 439 of Cr.P.C., 1973 for grant of regular bail relating to Crime No.253/2024 registered at Police Station - Kotma, District Anuppur (M.P.) for the offence punishable under Sections 8, 20(B) of NDPS Act. Applicant is in custody since 09.06.2025.

2. As per prosecution story, it is alleged from the possession of the applicant total 45 kg 400 grams Ganja has been seized. Therefore, aforesaid offence has been registered against the applicant.

3. Learned counsel for applicant has submitted that the applicant has falsely been implicated in the case. It is submitted that during the arrest of the applicant, he was not communicated ground of arrest. There is violation of Article 22 of the Constitution of India and detention is illegal on this ground also, applicant is entitled to be released on bail. Applicant is in custody since 09.06.2025. He has placed reliance upon the decisions of Hon'ble Supreme Court in the cases of Mihir Rajesh Shah Vs. The State of Maharashtra (Criminal Appeal No.2195 of 2025), Prabir Purkaystha Vs. State of (NCT of Delhi), INSC 414, Vihan Kumar Vs. The State of Haryana and Anr, 2005 INNSC 162, Pankaj Bansasl Vs. UOI and Ors., (2024) 7 SCC 576, Lallubhai Jogibhai Patel VS. Union of India & Ors, (1981) 2 SCC 427, and two other orders of the High Court of Kerala at Ernakulam in the cases of Noushad and another Vs. State of Kerala and another passed in Bail Application No.11965/2025 and Noushad Vs. State of Kerala passed in Bail Application No.7156/2025. Trial will take time to conclude, hence, it is prayed that applicant may be released on bail.

4. Learned counsel for the State has opposed the bail application and submitted that applicant was arrested on 09.06.2025 and thereafter he was produced before before the Court designated for hearing the cases under the NDPS Act on 04.06.2025.

5. It is further submitted by Government Advocate that Police received the secret information that in the house of applicant, huge amount of contraband is kept. Thereafter, police reached the house of applicant. On intervening night of 03.06.2025 and 04.06.2025 at 02:30 am, applicant was informed of the suspicion of the possession of the narcotic drug. On 04.06.2025 at 02:30 am, applicant was apprised of his rights under Section 50 of NDPS Act to be searched before the Magistrate or Gazetted Officer. The applicant gave his written consent to be searched by the Police Officer.

Upon search, contraband substance suspected to be "Ganja" was recovered and measured in front of the applicant total weight of contraband was found to be 45 kg 400 grams. Seizure and sampling was done and all seals signed by Investigating Officer, witnesses and accused. Seizure memo was prepared on the spot and witnessed by independent person. On 04.06.2025 at 02:30 am, arrest memo was prepared and reasons were explained to the applicant. Applicant was arrested on 09.06.2025. Samples were kept separately for FSL examination. FIR was registered against the applicant. Report of arrest and seizure was prepared and forwarded to Circle Officer/SP. On 04.06.2025, applicant was produced before the Court designated for hearing the cases under the NDPS Act along with remand application.

6. It is further submitted that applicant was having knowledge of his arrest and he was well aware of the fact that contraband has been seized from the house and measured in front of him. In this regard, video is availab