Discrepancies in arrest and recovery records, with parity, justified bail in an NDPS case.

Amit Vishwas sought bail while in judicial custody in a case registered under Sections 8, 22 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution alleged that he and two co-accused were apprehended during routine checking and that police recovered 25 sealed vials of Pheniramine Maleate Injection and a pouch containing 25 Buprenorphine and Naloxone tablets.

The applicant argued, among other things, that the recovery memo did not record the tablets’ weight and that the arrest memo, prepared at about 4:45 a.m., already bore the case number although the FIR was registered at 10:26 a.m.

He also relied on his custody since 10 May 2026, the co-accused having been granted bail, the absence of criminal antecedents, and the expected delay in trial.

The State opposed bail but did not dispute the co-accused’s bail or the applicant’s custody.

The application arose under the Narcotic Drugs and Psychotropic Substances Act, 1985, in a prosecution invoking Sections 8, 22 and 60.

The Court assessed the bail request by considering the nature of the allegations and recovery, the circumstances and reliability concerns raised about the prosecution account, the applicant’s antecedents and period of custody, and the treatment of co-accused.

The judgment cites no precedent and does not separately set out a statutory test for bail.

The Court considered the alleged recovery alongside the absence of the tablets’ weight in the recovery memo and the discrepancy between the time on the arrest memo and the later FIR registration.

It also weighed the applicant’s lack of criminal antecedents, the co-accused’s release on bail, and the applicant’s period of incarceration.

Taken together, these circumstances persuaded the Court that the applicant had made out a case for bail, without the Court expressing any view on the merits.

It directed the applicant to execute a personal bond and furnish two reliable sureties; not leave India without prior court permission; cooperate with the investigation and appear when required; refrain from tampering with evidence or witnesses or engaging in criminal activity; and surrender any passport.

Bail is liable to be cancelled if the conditions are violated or the liberty is misused.