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.
