The court upheld the right against self-incrimination while granting anticipatory bail under specific conditions.

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 that he has not handed over his 1 "NDPS Act", for short mobile phone. It is for the State to complete the investigation in accordance with due procedure but, in that regard, it cannot insist upon the appellant incriminating himself. Cooperating with the investigation does not extend to violation of the Constitutional right against self-incrimination.

As the appellant, Vinay Kumar Gupta, has joined and is presently cooperating with the investigation, we find no grounds made out for custodial interrogation of the appellant at this stage. Subject to the appellant continuing to cooperate with the investigation, within the limitations prescribed by law, he is entitled to grant of relief.

The appeal is accordingly allowed, setting aside the impugned judgment/order dated 16.09.2025. It is directed that in the event the appellant, Vinay Kumar Gupta, is arrested in relation to the Crime/FIR in question, he shall be released on bail forthwith on such terms and conditions as may he fixed by the trial Court.

The appellant shall also abide by the conditions stipulated in Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 .

We clarify that we have not made any observations/comments on the merits of the case and any observation made in this order is meant only for the limited purpose of grant of anticipatory bail.

Pending application(s), if any, shall stand disposed of.

ORDER

Leave granted.

The appeal is allowed, setting aside the impugned judgment/order dated 16.09.2025. in terms of the signed order. It is directed that in the event the appellant, Vinay Kumar Gupta, is arrested in relation to 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 and Sections 13 and 5 of the Drugs (Control) Act, 1950 , he shall be released on bail forthwith on such terms and conditions as may be fixed by the trial Court.

The appellant shall also abide by the conditions stipulated in Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 .

Pending application(s), if any, shall stand disposed of.