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2026 Supreme(Online)(SC) 396

SUPREME COURT OF INDIA
SANJAY KUMAR, K.VINOD CHANDRAN, JJ
Vinay Kumar Gupta – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Tushar Giri, Mr. Sahil Bhalaik, Mr. Siddharth Anil Khanna, Mr. Ritik Arora, Mr. Shivam Mishra, Mr. Sewa Singh
For the Respondents: Mr. D.S. Parmar, Ms. Mrinal Gopal Elker, Mr. Rajan K Chaurasia, Mr. Saurabh Singh, Mr. Aditya Chaudhary

Judgement Key Points

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ORDER

Leave granted.

The appellant, Vinay Kumar Gupta, is aggrieved by the denial of anticipatory bail by the High Court of Madhya Pradesh at Jabalpur, vide order dated 16.09.2025 passed in Misc. Criminal Case No. 37503/2025, in connection with Crime/First Information Report (FIR) No. 453/2025 dated 18.06.2025 registered with Police Station Semariya, District - Rewa, Madhya Pradesh, for the offences punishable under Sections 8 , 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 1 and Sections 13 and 5 of the Drugs (Control) Act, 1950 .

The matter relates to seizure of 710 bottles of cough syrup. However, the appellant, Vinay Kumar Gupta, was not named in the Crime/FIR, though the car from which the contraband was seized belongs to him.

By order dated 15.12.2025, subject to the appellant, Vinay Kumar Gupta, joining and cooperating with the investigation in the aforestated Crime/FIR, he was granted protection from arrest.

Counter affidavit has now been filed by the State of Madhya Pradesh, wherein it is stated that, after the passing of the aforestated order dated 15.12.2025, the appellant joined the investigation on 02.02.2026 but it is the complaint of the State th

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