Case Law Details
Vinay Kumar Gupta Vs State of Madhya Pradesh (Supreme Court of India)
The appeal arose from the denial of anticipatory bail by the High Court of Madhya Pradesh in connection with FIR No. 453/2025 dated 18.06.2025 registered at Police Station Semariya, District Rewa, for offences 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. The case related to seizure of 710 bottles of cough syrup. The appellant was not named in the FIR, though the car from which the contraband was seized belonged to him.
Earlier, by order dated 15.12.2025, the appellant had been granted protection from arrest subject to joining and cooperating with the investigation. The State, in its counter affidavit, stated that although the appellant joined the investigation on 02.02.2026, he did not hand over his mobile phone. The Court observed that while it is for the State to complete investigation in accordance with law, it cannot insist upon the appellant incriminating himself. Cooperation with investigation does not extend to violation of the constitutional right against self-incrimination.
Since the appellant had joined and was cooperating with the investigation, the Court found no grounds for custodial interrogation at this stage. Subject to continued cooperation within the limits prescribed by law, the appellant was held entitled to relief. The appeal was allowed, the High Court’s order dated 16.09.2025 was set aside, and it was directed that in the event of arrest, the appellant shall be released on bail on terms fixed by the trial court. He was also directed to abide by the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court clarified that no observations were made on the merits of the case.
FULL TEXT OF THE SUPREME COURT JUDGMENT/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, 19851 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 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 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.
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.
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.
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