Anirudh Singh vs. The State Of Madhya Pradesh

Held

The Court dismissed all the bail applications. For Rahul Dwivedi, the Court noted his criminal antecedents, including four cases under the NDPS Act, and prima facie evidence of involvement, deeming him undeserving of bail. For Sumit Kesri, the Court found him involved in the illegal supply and sale of contraband despite possessing a pharmaceutical license. His issuance of bills for different companies with nexus to co-accused and other similar cases registered against him were considered significant. Amol Tiwari's direct involvement was established, and despite claims of valid purchase, the large quantity transported in a vehicle with co-accused having similar criminal past was deemed suspicious. His eight criminal cases, including two under NDPS Act, were noted. For Anirudh Singh, while acknowledging the rent agreement for the vehicle, the Court found it did not prove his innocence or complete ignorance. The criminal past of the co-accused to whom the vehicle was rented, and the lack of evidence of rent payment, were considered. The recovery of a large quantity of contraband from his vehicle was deemed sufficient to deny bail at this stage. The Court emphasized the critical public health crisis posed by the illegal use of cough syrup and the government's strict measures.

Facts

These are multiple bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning Crime No. 223/2025 registered at Police Station Mauganj, District Mauganj. The applicants are accused of offences under the Drugs Control Act and the Narcotic Drugs and Psychotropic Substances Act. The prosecution alleges the recovery of 2160 bottles of Onrex cough syrup, each containing 100 ml and 10 mg of codeine phosphate, from a Toyota Glaza car. The seized vehicle was owned by Anirudh Singh. The cough syrup was allegedly procured by Rahul Dwivedi for Sumit Kesri, who then sold it to Ashish, Amol Tiwari, and Amit. Vinod Agrawal, an authorized signatory of Agrawal Brothers Pharma Company, was also implicated. The applicants are seeking bail, with the State opposing their release.

Key Issues

1. Whether the applicants are entitled to bail given their alleged involvement in the illegal procurement, sale, and transportation of cough syrup containing codeine phosphate, particularly in light of their criminal antecedents and the quantity of the contraband seized, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023? Petitioner's Arguments: - Rahul Dwivedi: No recovery was made from his possession, and there is no incriminating evidence against him, relying on the co-accused's memorandum. - Sumit Kesri: He is an authorized dealer with a license, purchased the bottles with bills and invoices after paying GST, and cannot be held responsible for illegal acts. His disclosure memorandum differs from the co-accused's regarding mobile numbers, and the transaction was allegedly cash-based. - Amol Tiwari: He purchased the bottles from Sumit Kesri, and since Sumit provided GST-paid bills and invoices under a license, no case is made out against him. - Anirudh Singh: He is the owner of the seized vehicle, which he rented to a co-accused via a notarized agreement, and was unaware of its illegal use. Revenue/State's Arguments: - All applicants are directly involved in the commission of the offence. The State highlighted the criminal antecedents of each applicant, including multiple cases under the NDPS Act, to argue against bail. The quantity of contraband and the manner of its transportation were also emphasized.