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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Disposed off as Withdrawn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

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.


                      Vaibhav                            1
                                                              6 - BA - 777 - 2026.doc


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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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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