Vinay Kumar Gupta v. State of Madhya Pradesh - NDPS Act - Anticipatory Bail - Mobile Phone Not Handed Over - Cooperation With Investigation
NDPS Act - Anticipatory Bail - The accused not named in the Crime/FIR, though the car from which the contraband was seized belongs to him - SC allows his appeal and grants him anticipatory bail - On state submission that the investigation, the accused has not handed over his mobile phone, SC observed: It is for the State to complete the investigation in accordance with due procedure but, in that regard, it cannot insist upon the accused incriminating himself. Cooperating with the investigation does not extend to violation of the Constitutional right against self-incrimination.
Case Info
Case name: Vinay Kumar Gupta v. State of Madhya Pradesh
Neutral citation: Not mentioned in the order (only “CRIMINAL APPEAL NO. OF 2026 (arising out of SLP (Crl.) No. 20215 of 2025)”).
Coram:
- Hon’ble Mr. Justice Sanjay Kumar
- Hon’ble Mr. Justice K. Vinod Chandran
Judgment date: 16 February 2026
Caselaws and citations referred:The order does not cite or discuss any earlier judgments or case law; it contains only the present case details and procedural references.
Statutes / laws referred:
- Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8, 21, 22
- Drugs (Control) Act, 1950 – Sections 13, 5
- Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482(2)
Brief summary (three sentences):This appeal arose from the High Court of Madhya Pradesh’s refusal to grant anticipatory bail to Vinay Kumar Gupta in an NDPS/drugs case involving seizure of 710 bottles of cough syrup from a car owned by him, though he was not named in the FIR. The Supreme Court noted that the appellant had joined and was cooperating with the investigation and held that the State could not compel him to hand over his mobile phone in violation of his constitutional right against self‑incrimination, and that no case for custodial interrogation was made out at this stage. The Court therefore set aside the High Court’s order and directed that, if arrested in connection with FIR No. 453/2025, the appellant be released on bail on terms fixed by the trial court, subject to compliance with Section 482(2) BNSS, 2023.