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Madhya Pradesh High Court
Chhote @ Islamuddin vs The State Of Madhya Pradesh on 22 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:6195
1 MCRC-49569-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 22nd OF JANUARY, 2026
MISC. CRIMINAL CASE No. 49569 of 2025
CHHOTE @ ISLAMUDDIN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Pushpendra Dubey - Advocate for the applicant.
Shri Amit Pandey - Panel Lawyer for the State.
ORDER
This is the first bail application filed by the applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita , 2023/ 439 of Code of Criminal
Procedure for grant of regular bail relating to FIR/Crime No.271/2025
registered at Police Station - Rampur Baghelan, District - Satna (M.P.) for
the offence punishable under Sections 21, 22, 8-B of NDPS Act and Sections
5 & 13 of M.P. Drugs Control Act. The applicant is in custody since
23.04.2025.
2. Learned counsel for the applicant has submitted that it is alleged that
from the applicant's car bearing registration No.DL-09-CU-0457, 345 bottles
of Onrex Cough Syrup have been recovered. Learned counsel for the
applicant has further submitted that the applicant is not the owner of the
vehicle from which the contraband has been recovered. The Investigating
Officials have not followed the provisions of Sections 42, 50, 52 and 52-A of
NEUTRAL CITATION NO. 2026:MPHC-JBP:6195
2 MCRC-49569-2025
NDPS Act. One seizure witness has been examined and he has not supported
the case of prosecution case, hence, the applicant be released on bail.
3. Learned counsel for the applicant has relied on the judgments of
Union of India vs. Mohanlal & Another, 2016(3) SCC 379 and Noor Aga vs.
State of Punjab & Another, 2008(16) SCC 417.
4. Learned counsel for the State has opposed the bail application and
has submitted that total 345 bottles of Onrex Cough Syrup i.e. commercial
quantity, have been recovered from the car of the applicant and the
provisions of NDPS Act have been strictly followed in the investigation,
therefore, no case of bail is made out, hence, the applicant is not entitled to
be released on bail.
5. Heard the parties and perused the case diary.
6. As per the case diary, the Investigating Officer Prem Shankar
Dwivedi, ASI received a secret information of transportation of Corex Cough
Syrup for the purpose of sell. He wrote down that information and prepared
the secret information panchnama. Intimation was sent to the SDOP, Satna
through head constable No.645 Tulsidas Rawat. On the ground that if the
Investigating Officials wait for the search warrant, the accused might be
absconded, and after that drawing the panchnama to that effect, the
Investigating Officials along with the independent witness, proceeded to the
spot and intimated the applicant about his legal rights that he may be
searched by the Gazetted Officer or through Magistrate, on that the applicant
stated that he is ready to give the search and after that search made in the
vehicle, in which three gunny bags each containing 115 bottles of Onrex
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Cough Syrup, total 345 bottles of Onrex Cough Syrup have been recovered.
FIR was registered. The seized contraband and the applicant was brought to
the Police Station. Proceeding under Section 52A of the NDPS Act was
conducted by the Judicial Magistrate on 29.04.2025, in which photography
of contraband was done and three gunny bags each gunny bag containing
115 bottles of Onrex Cough Syrup, were found and in this regard certificate
was issued, hence, the compliance of Section 52A of the NDPS Act has been
also made
7. Therefore, looking to these factual aspects, this Court does not deem
it appropriate to enlarge the applicant on bail as the commercial quantity of
contraband has been recovered and Section 37 of the NDPS Act is applicable
and, at this stage, the Court has no reason to assume that the applicant has
not committed the offence and if he is released, he will not repeat the
offence, hence, this bail application is dismissed.
(DEVNARAYAN MISHRA)
JUDGE
DPS
