Bail Granted in NDPS Case Involving Alleged MD Drug Possession.

Headnote:

The High Court granted regular bail to the applicant in a case registered under Sections 8, 22 and 29 of the NDPS Act, noting prima facie inconsistencies in the prosecution case, partial support from the FSL report, non-support by independent witnesses, and the absence of compelling reasons to continue incarceration pending trial.

Background:

1. FIR registered as Crime No. 246/2025 at Police Station Bhatpachlana, District Ratlam (M.P.).
2. Alleged seizure of 58 grams of suspected MD drug from the applicant on 12.06.2025.
3. Applicant in judicial custody since arrest.
4. First bail application withdrawn on 01.09.2025.
5. Trial commenced; independent witnesses (PW-1 and PW-2) examined.

Key Submissions

1. Applicant: False implication; procedural lapses in search and seizure; final report filed; no likelihood of tampering; family hardship; willingness to cooperate.
2. State: Gravity of offence; reference to criminal antecedents (no prior conviction of similar nature).

Court’s Observations

FSL Report (29.09.2025):

Exhibit-A: Negative for several narcotic substances including mephedrone.

Exhibit-B: Positive for methylmethcathinone (mephedrone).

Prima facie, only 8 grams of MD drug alleged.

Independent witnesses did not support the prosecution.

Applicant is 25 years old, a driver, with family responsibilities; no prior conviction for major offences.

No apparent risk of flight, tampering with evidence, or influencing witnesses.

Decision

1. Bail allowed without commenting on merits.

Bail Conditions

1. Personal bond of ₹75,000 with one solvent surety of like amount.
2. Mandatory presence on all hearing dates.
3. No involvement in similar offences.
4. No inducement, threat, or promise to witnesses.
5. No tampering with evidence.
6. Compliance with Section 309 CrPC / Section 346 BNSS, 2023 regarding witness examination.