Bombay High Court
MANISH RAMVILAS NAGORIversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The bail application is dismissed; regular bail is not granted.
Summary
Manish Ramvilas Nagori applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving possession of live cartridges and 865 grams of mephedrone, offences punishable under the Arms Act, 1959 and the NDPS Act, 1985. The trial court had rejected his bail, and he raised two grounds: alleged non‑compliance of Sections 105 and 185 of the same act at the time of arrest, and that the forensic laboratory report was not part of the charge‑sheet. The State highlighted the applicant’s 21 criminal antecedents, noting his omission of one NDPS case, and emphasized the commercial quantity of the narcotic, invoking the strict bail policy under the NDPS Act. The court, relying on Supreme Court precedents that bail in NDPS matters is the exception, held that the seriousness of the offences and the applicant’s suppressed antecedent precluded bail. Consequently, the bail application was dismissed.
Issues considered
- The arrest of the applicant complied with Sections 105 and 185 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the forensic laboratory (FSL) report must be part of the charge‑sheet for bail consideration.
- The effect of the applicant’s omission of a prior NDPS case on the bail decision.
- Whether bail can be granted in view of the commercial quantity of mephedrone and the applicant’s extensive criminal antecedents.
Legislation cited
- Arms Act, 1959 — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 105, 185, 483
- Indian Penal Code, 1860
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 37, 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- commercial quantity
- criminal antecedents
- suppression of facts
- Section 37 NDPS
- Bharatiya Nagarik Suraksha Sanhita
Judgment
6 - BA - 777 - 2026.doc
VAIBHAV
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
CIRCUIT BENCH AT KOLHAPUR
Date: 2026.08.25
10:37:18 +0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 777 OF 2026
Manish Ramvilas Nagori …Applicant
Versus
The State of Maharashtra And Anr. …Respondents
----
Mr. Pratik Tare i/by Mr. Sachin Y. Mane for the Applicant.
Mrs. Shubhangi N. Deshmukh, APP for the State-
Respondents.
Mr. Sagar C., Head Constable, LCB Kolhapur, is present.
-----
CORAM : ASHWIN D. BHOBE, J.
DATE : 20th August, 2026.
P.C. :
1. Heard Mr. Pratik Tare, learned Advocate for the Applicant, and
Mrs. Shubhangi N. Deshmukh, learned APP for the State-Respondents.
2. By the present Application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks Regular
Bail in connection with Crime No. 75 of 2026, dated 6 th March 2026,
registered with Shahapur Police Station, District Kolhapur, for offences
punishable under Sections 3 and 25 of the Arms Act, 1959 and Sections
8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act,
1985.
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3. Mr. Pratik Tare, learned Advocate for the Applicant, states that
there are two (2) accused in Crime No. 75 of 2026, with the Applicant
as Accused No. 1. He further states that Crime No. 75 of 2026 is
registered as Special Case No. 17 of 2026 and is pending before the
Court of the Additional Sessions Judge, Jaisingpur, District Kolhapur
(“Trial Court”).
4. In brief, the case of the prosecution is that the Police received
secret information that the Applicant was concealing pistols and live
cartridges in his house. A raid was accordingly conducted at the said
premises, during which four live cartridges were seized from the
Applicant's house. During a further search, 865 grams of contraband
(Mephedrone) was seized from a vehicle belonging to the Applicant.
The procedure prescribed under the NDPS Act was duly complied with
and the Crime No. 75 of 2026 was registered.
5. The Applicant was arrested on 6 th March 2026. The Bail
Application at Exhibit 4 filed in Special Case No. 17 of 2026 was
rejected by the Trial Court on 14th July 2026.
6. Mr. Pratik Tare, learned Advocate for the Applicant, has raised the
following two grounds in this Application:- (i) that the provisions of
Sections 105 and 185 of the Bharatiya Nagarik Suraksha Sanhita, 2023
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6 - BA - 777 - 2026.doc
were not complied with at the time of the Applicant’s arrest; and (ii)
that the FSL report does not form part of the charge-sheet. On these two
grounds, Mr. Pratik Tare, learned Advocate for the Applicant, requests
the grant of bail.
7. Mrs. Shubhangi N. Deshmukh, learned APP for the State, submits
that the Applicant has twenty one (21) criminal antecedents. She
submits that the Applicant has referred to only twenty (20) antecedents
in this Application and has conveniently omitted to disclose one (1)
antecedent, namely, Crime No. 0577 dated 13 th September 2024
registered with Karvir Police Station, Kolhapur, for offences punishable
under Sections 8(c), 21(b) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985, same is taken on record and marked
‘X’ for identification. She submits that the antecedents relate to serious
offences. She submits that the Applicant was found in possession of four
(4) live cartridges and a commercial quantity of contraband
(mephedrone).
8. Perused the record.
9. The quantity of contraband involved in Crime No. 75 of 2026 is
865 grams of mephedrone, which is a commercial quantity.
Consequently, the rigours of Section 37 of the Narcotic Drugs and
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Psychotropic Substances Act, 1985 are attracted.
10. This Application refers to the Applicant having twenty (20)
criminal antecedents to his discredit, including serious offences
punishable under the Indian Penal Code, 1860, and the Arms Act, 1959.
Notably, the Applicant has not disclosed the antecedent registered as
Crime No. 0577, dated 13th September 2024, with Karvir Police Station,
Kolhapur, which pertains to offences under the Narcotic Drugs and
Psychotropic Substances Act, 1985.
11. Applicant is required to disclose each antecedent (criminal case)
in the Application seeking Bail, in terms of the decision of the Hon’ble
Supreme Court in Zeba Khan v. State of U.P.,1. The Applicant's omission
to mention and refer to Crime No. 0577, dated 13th September 2024, at
Karvir Police Station, Kolhapur (document marked ‘X’), which pertains
to an offence under the Narcotic Drugs and Psychotropic Substances
Act, 1985, must be viewed seriously, as it amounts to suppression of a
relevant and vital fact while considering a request for bail.
12. The material on record discloses the Applicant's involvement in
Crime No. 75 of 2026. In addition to a commercial quantity of
contraband, live cartridges were recovered from the Applicant. The
1 2026 SCC OnLine SC 188
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Applicant is involved in serious offences, including those punishable
under the Indian Penal Code, 1860 the Arms Act, 1959 and the Narcotic
Drugs and Psychotropic Substances Act, 1985.
13. The Hon’ble Supreme Court, in Narcotics Control Bureau v.
Kashif2, and State of M.P. v. Kajad3 has held that in matters arising
under the NDPS Act, 1985, the negation of bail is the rule and its grant
is an exception.
14. Considering the nature of the offences, the seriousness of the
offence in Crime No. 75 of 2026, the material against the Applicant
which connects the Applicant to the recovery of mephedrone from the
vehicle of the Applicant and his antecedents, this is not a case for bail.
15. In view of the above, Criminal Bail Application No. 777 of 2026 is
dismissed.
(ASHWIN D. BHOBE, J.)
2 (2024) 11 SCC 372
3 [State of M.P. v. Kajad, (2001) 7 SCC 673 : 2001 SCC (Cri) 1520]
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