Akash Kumar Jain vs. The State Of Madhya Pradesh

Held

The Court allowed the bail application. It noted that the applicant operates his business under the name Swastik Enterprises and had purchased the syrup through GST invoices. The Court acknowledged the applicant's contention that he is a wholesale distributor of pharmaceutical medicines. Given that he sold the syrup to co-accused Aman Rawat, who was also involved in the medical marketing and purchasing business, the Court found that further custody of the applicant, who has been in jail since January 31, 2025, was not necessary. The Court explicitly stated that it was not commenting on the merits of the case. The applicant was directed to be released on bail upon furnishing a personal bond and a surety, subject to conditions under Section 437(3) of the Criminal Procedure Code, 1973.

Facts

This is a bail application filed by Akash Kumar Jain, who is implicated in a case under the NDPS Act, 1985. He is alleged to have supplied 5280 bottles of Codeine Phosphate Triprolidine Hydrochloride Syrup to co-accused Aman Rawat, who in turn supplied it to others. The applicant has been in custody since January 31, 2025. His previous bail application was dismissed as withdrawn. The applicant claims to be a licensed wholesale distributor of pharmaceutical medicines and possesses a license for his firm, Swastik Enterprises. He argues that he is entitled to keep the contraband under his license and cannot be solely arraigned as an accused for selling it to a co-accused involved in medical marketing. The charge sheet has been filed.

Key Issues

1. Whether the applicant, as a licensed wholesale distributor of pharmaceutical medicines, is entitled to possess and sell the seized syrup, thereby negating the charge under the NDPS Act, 1985, specifically Sections 8/21, 22, and 29? Contentions: Petitioner/Applicant: The applicant argued that he is a licensed wholesale distributor and possesses a license for his firm, Swastik Enterprises, which permits him to hold the contraband. He contended that even if the prosecution's case is accepted, he should not be accused solely for selling the syrup to co-accused Aman Rawat, who was also involved in the medical business. He further submitted that the trial is likely to take a long time, and he has been in custody since January 31, 2025. Revenue/State: The State opposed the bail application, arguing that no case for granting bail was made out.