AMIT VISHWAS vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court

UKHC010123052026


Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
SL.
Date

No.

COURT’S OR JUDGE’S ORDERS



BA1/1233/2026


Amit Vishwas
--Applicant
Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.
Mr. Nehraj Bisaria, learned
counsel for the applicant.
2. Mr. Rakesh Joshi and Mr. Prabhat
Kandpal, learned A.G.A. along with Mr.
Chitrarth Kandpal, learned Brief Holder
for the State.
3. Applicant- Amit Vishwas, who is in
judicial custody in connection with
FIR/Case Crime No. 138 of 2026 under
Sections 22/60/8 of the Narcotic Drugs
and Psychotropic Substances Act,
1985, registered at Police Station
Trangit Camp, District Udham Singh
Nagar, has sought his release on bail.
4. Heard learned counsel for the
parties and perused the material
available on record.
5. As per the prosecution case,
during routine checking, the police
party allegedly apprehended the
applicant along with two co-accused
persons and recovered 25 sealed vials
of Pheniramine Maleate Injection, a
transparent plastic pouch containing
25 tablets of Buprenorphine and
Naloxone Sublingual Tablets IP,
comprising 11 pairs of two tablets each
and one cut strip containing three

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tablets. On the basis of the aforesaid
alleged recovery, the present F.I.R. was
registered against the applicant on the
same day.
6. Learned counsel for the applicant
would submit that the applicant is
innocent and has falsely been
implicated in the present case; that, the
mandatory provisions of the Narcotic
Drugs and Psychotropic Substances
Act, 1985 have not been complied with
in their letter and spirit. He would also
contend that the recovery memo does
not disclose the weight of the
Buprenorphine and Naloxone tablets
allegedly recovered from the applicant,
which raises a question regarding the
determination of the actual quantity of
the alleged contraband.
7. He would further submit that the
arrest memo was prepared at about
4:45 hours, whereas the F.I.R. was
registered at 10:26 hours; however, the
arrest memo already bears the
F.I.R./Case Crime Number, which
creates a serious doubt regarding the
prosecution's version and the sequence
of events leading to the alleged
recovery. He would further submit that
the applicant has been languishing in
judicial custody since 10.05.2026; that
two of the co-accused persons have
already been granted bail by the
learned trial court; and that, the
applicant has no criminal antecedents;
that, trial is not likely to conclude in
the near future and, therefore, the
applicant deserves to be enlarged on
bail.
8. Per contra, learned State counsel
would vehemently oppose the prayer for

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bail. However, he does not dispute that
the co-accused persons have already
been granted bail by the learned trial
court and that the applicant has been
in judicial custody since 10.05.2026.
9. Having considered the
submissions advanced by learned
counsel for the parties, the nature of
the allegations, the circumstances
surrounding the alleged recovery, the
discrepancy regarding the timing of the
arrest memo and registration of the
F.I.R., the omission of the weight of the
recovered tablets in the recovery memo,
the absence of criminal antecedents,
the fact that the co-accused persons
have already been granted bail by the
learned trial court, and the period of
incarceration undergone by the
applicant, this Court is of the view that
the applicant has made out a case for
bail.
10. Accordingly, without expressing
any opinion on the merits of the case,
the bail application is allowed on the
following conditions:-
(a) The applicant shall execute a
personal bond and furnish two
reliable sureties in the like amount to
the satisfaction of the trial court.
(b) The applicant shall not leave the
country without prior permission of
the court.
(c) The applicant shall appear before
the investigating officer as and when
required and cooperate with the
investigation.
(d) The applicant shall not tamper
with evidence or witnesses, either
directly or indirectly and shall not
indulge in any criminal activity while
on bail.

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(e) The applicant shall surrender his
passport, if any, to the court or to the
investigating agency, to preclude risk
of absconding.

11. The bail granted to the applicant
shall be liable to be cancelled in the
event of any violation of the aforesaid
conditions or if the applicant is found
to have misused the liberty granted to
him.




(Alok Mahra, J.)
16.10.2026

Mamta


































MA
MTA
RANI
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT
OF UTTARAKHAND,
ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f
244f3e584af1449e430ef900
bf09a6d67ebbd642671329b
, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1
d9cabfd54852c9e68911ca8
b66dd26690a191648ab5d8
dd004ef0, cn=MAMTA RANI
Date: 2026.10.17 12:08:49
+05'30'