Supreme Court – Daily Orders
Vinay Kumar Gupta vs State Of Madhya Pradesh on 16 February, 2026
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026
(arising out of SLP(Crl.) No. 20215 of 2025)
VINAY KUMAR GUPTA APPELLANT(S)
VERSUS
STATE OF MADHYA PRADESH RESPONDENT(S)
O R D E R
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
Signature Not Verified
Digitally signed by
Deepak Guglani
Date: 2026.02.16
18:16:55 IST
Reason:
Crl.A. @ SLP(Crl.) No. 20215/2025 1
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
1 “NDPS Act”, for short
Crl.A. @ SLP(Crl.) No. 20215/2025 2
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
Crl.A. @ SLP(Crl.) No. 20215/2025 3
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.
………………….J.
(SANJAY KUMAR)
………………….J.
(K. VINOD CHANDRAN)
NEW DELHI;
FEBRUARY 16, 2026.
Crl.A. @ SLP(Crl.) No. 20215/2025 4
ITEM NO.12 COURT NO.11 SECTION II-E
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 20215/2025
[Arising out of impugned final judgment and order
dated 16-09-2025 in MCRC No. 37503/2025 passed by
the High Court of Madhya Pradesh Principal Seat at
Jabalpur]
VINAY KUMAR GUPTA Petitioner(s)
VERSUS
STATE OF MADHYA PRADESH Respondent(s)
(IA No. 323312/2025 – EXEMPTION FROM FILING C/C OF
THE IMPUGNED JUDGMENT, IA No. 323314/2025 –
EXEMPTION FROM FILING O.T. and IA No. 323315/2025
– PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
ANNEXURES)
Date : 16-02-2026 This matter was called on for
hearing today.
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR
HON’BLE MR. JUSTICE K. VINOD CHANDRAN
For Petitioner(s) :
Mr. Tushar Giri, AOR
Mr. Sahil Bhalaik, Adv.
Mr. Siddharth Anil Khanna, Adv.
Mr. Ritik Arora, Adv.
Mr. Shivam Mishra, Adv.
Mr. Sewa Singh, Adv.
For Respondent(s) :
Mr. D.S. Parmar, A.A.G.
Ms. Mrinal Gopal Elker, AOR
Mr. Rajan K Chaurasia, Adv.
Mr. Saurabh Singh, Adv.
Mr. Aditya Chaudhary, Adv.
Ms. Silpi S. Swain, Adv.
5
UPON hearing the counsel, the Court made the following
O R D E RLeave 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.
(DEEPAK GUGLANI) (PREETI SAXENA)
AR-cum-PS COURT MASTER (NSH)
(signed order is placed on the file)6
