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2026 Supreme(Online)(MP) 2211
HIGH COURT OF MADHYA PRADESH
Sanjeev S Kalgaonkar, J
Salman Khan @ Salman Lala – Appellant
Versus
State of Madhya Pradesh – Respondent
MISC. CRIMINAL CASE No. 2838 of 2026|MCRC-2838-2026
For the Appellants/Petitioners: Ashutosh Surana
For the Respondents: Surendra Gupta
Grant of bail under the NDPS Act is permissible when seizure witnesses do not support the prosecution, the accused has undergone substantial custody, and there is no prior conviction, despite the presence of other criminal antecedents.
Headnote:(A) Bail - NDPS Act - Recovery of contraband - Where the seizure witnesses have been examined and have not supported the prosecution, and the applicant has been in custody for over a year, the incarceration becomes unjustified pending trial. (Para 8, 13)
(B) Criminal Antecedents - Evaluation for Bail - Presence of multiple criminal antecedents may be considered, but if the applicant has been acquitted in several cases or granted bail in others, and there is no conviction, such antecedents may not be a sole ground to deny bail, especially when the socio-economic status indicates low risk of fleeing. (Para 9, 10, 14)
Issues: Whether the applicant is entitled to bail considering the lack of support from seizure witnesses and the period of judicial custody despite having multiple criminal antecedents.
Legal Category Hierarchy
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crime and sentencing
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narcotic drugs and psychotropic substances act
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offences under ndps act
- possession of contraband
- bail in ndps cases
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offences under ndps act
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narcotic drugs and psychotropic substances act
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practice and procedure
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bail
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bail under bnss
- section 483 bnss
- conditions of bail
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bail under bnss
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evidence
- hostile witnesses
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criminal procedure
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search and seizure
- non-compliance of procedure
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search and seizure
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bail
ORDER
I.A. No.934/2026 and I.A. No.2125/2026, applications for taking additional document on record have been filed on behalf of the applicant.
Considered. The IAs stand allowed.
The documents are taken on record.
This second application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.55/2025 registered at Police Station - Nagda, District Ujjain(M.P.) for offence punishable under Sections 8/22 and 29 of NDPS Act . Applicant is in judicial custody since 31.01.2025. His first bail application has been dismissed as withdrawn vide order dated 06.11.2025, passed in M.Cr.C. No.20720/2025 with liberty to renew the prayer after evidence of seizure witnesses before the trial Court. Thereafter, prosecution witnesses Rajesh(PW1) and Tushar Parihar(PW2) have been examined.
Heard the arguments.
Perused the grounds for grant of bail stated in the application and the relevant material on record.
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. The Narcotic Contraband was not seized from active and conscious possession of the applicant. There is non-compliance of due procedure of search and seizure. He has not committed the alleged offence. The material prosecution witnesses Rajesh(PW1) and Tushar Parihar(PW2) have been examined. They have not supported the prosecution. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and his dependent family. Applicant is ready to cooperate in the further investigation/trial.
Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel refers to 17 criminal antecedents of the applicant as mentioned in the case diary. Applicant is aged 32 years. He is in private job by profession.
In reply, learned counsel for the applicant submits that applicant was acquitted in Crime No.509/2008[vide order dated 30.11.2013 in RCT No.966/2008], Crime No.66/2010[vide order dated 01.07.2010], Crime No.264/2010[vide order dated 02.12.2021 in RCT No.23/2010] and Crime No.312/2011[acquitted vide order dated 03.05.2017 in ST. Case No.100/2012]. The Crime No.205/2009 has been disposed off by the Juvenile Court. The applicant was granted bail in Crime No.340/2018[order dated 27.01.2021, in M.Cr.C. No.1440/2021], Crime No.311/2019[granted bail vide order dated 29.04.2025 in RCT/250/2020], Crime No.342/2019[granted bail vide order dated 23.04.2025 in RCT/16/2020], Crime No.345/2019[on bail, passed in S.T. Case No.128/2020], Crime No.187/2020[ on bail, vide order dated 26.08.2020, passed in BA/110/2020 and, thereafter, order dated 02.04.2025 in ST. Case no.48/2019], Crime No.69/2023[on bail vide order dated 23.04.2025 in RCT/16/2020, Crime No.55/2023(on bail vide order dated 28.05.2025, passed in S.B. Criminal Misc. BA. No.6394/2025], Crime No.45/2023[on bail vide order dated 05.05.2025 in S.B. Criminal Misc. B.A. No.4969/2025], Crime No.48/2023[on bail vide order dated 22.05.2025 in S.B. Criminal Misc. BA No.4635/2025], Crime No.99/2020[on bail, vide order dated 05.01.2021] and Crime No.175/2025[extended bail vide order dated 09.10.2025], as per the details submitted alongwith I.A. No.934/2026 and I.A. No.2125/2026. The other matter registered at Crime No.43/2023[extended bail in M.Cr.C. No.52250/2025] is pending for trial. The Ishtigasa No./Crime No.38/2020, 156/2019, PN/Ujjain/Reader/NSA/35 dated 15.07.2020 and 164/2023 are registered against the applicant under the Preventive Action. The applicant has never been convicted. No prosecution, similar in nature, is pending against him.
As per accusation on case diary, the police force of P.S. Nagda intercepted the applicant alongwith his car on 31.01.2025 near village Banwada to verify the secret information. On personal search of applicant, Narcotic Con
