6 - BA - 777 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR 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 6th 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 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.08.25 10:37:18 +0530 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 6th 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 Vaibhav 2 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 13th 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 Vaibhav 3 6 - BA - 777 - 2026.doc 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 Vaibhav 4 6 - BA - 777 - 2026.doc 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] Vaibhav 5