High Court · 2025

Mr. Lalit Miglani, learned counsel for t he applicant .

2. Mr. B.N. Molakhi, learned D.A.G. for t he St at e.

3. The applicant – Bhupesh Kum ar, w ho is in j udicial cust ody in connect ion wit h Case Crim e/ FI R No. 05 of 2025, under Sect ion 8 and 20 of NDPS Act , 1985, r egist er ed at P.S.- Bhat roj k han, Dist rict Alm ora, has sought his release on bail.

4. Hear d lear ned counsel for t he part ies and per used t he r ecords.

5. I n t his case, an FI R was lodged by t he com plainant on 01.02.2025, w herein, it was alleged t hat t he applicant alongwit h ot her co- t he police per sonnel accused, on seeing st art ed running away from t heir car Swift Dzire bearing r egist rat ion no. UK04R- 5051, but , t he co- accused were caught im m ediat ely t he reason t he co- accused could not give t he sat isfact ory answer . On being searched, t he four sacks, illegal ganj a was alleged t o be recov ered from t heir vehicle in gr een coloured granular , leafy, waxy and lum py for m . t eam and upon asking t he Police running away,

6. Lear ned counsel for t he applicant would subm it t hat t he applicant was not arrest ed from t he spot , but , was arrest ed from t he prem ises of t he fact ory, w here he is working, on t he basis of t he st at em ent of t he co- accused; t hat t he alleged cont raband, w hich was recovered from t he co- accused am ount s t o 42.515 Kg of ganj a. I t is also cont ended by learned counsel for t he applicant t hat t he applicant is not nam ed in t he FI R; and, t hat crim inal t hough pr evious t her e ant ecedent s of t he applicant has not been convict ed in any of t he case. t he applicant , but , cont ra,

7. Per learned St at e Counsel vehem ent ly opposed t he bail applicat ion and would subm it t hat t he applicant is a habit ual offender having ot her cases of sim ilar nat ure regist ered against him .

8. Per usal of t he FI R would reveal t hat t he illegal ganj a so recover ed from t he vehicle is in gr een coloured granular , leafy , waxy and lum py for m . 9. Sect ion 2( iii) ( b) and ( c) of t he NDPS Act , 1985, defines 'ganj a' as: - ( b) ganj a, t hat is, t he flowering or fruit ing t ops of t he cannabis plant ( excluding t he seeds and leaves when not accom panied by t he t ops) , by what ev er nam e t hey m ay be known or designat ed; and ( c) any m ixt ure, wit h or wit hout any neut ral m at erial, of any of t he above form s of cannabis or any drink prepared t her efrom ; t he

10. I n t his case, t he seized m at erial w as a m ixt ure of seeds, leaves, and st alk s, wit hout flowering or any specific m ent ion of fruit ing t ops, w hereas, t he definit ion of ganj a defined and clar ified t he flowering or fr uit ing t ops of t he cannabis plant excluding t he seeds and leav es when not accom panied by t he t ops. Thus, t he alleged recov ered quant it y of t he ganj a would be less t han t he com m ercial quant it y. t hat ganj a was

11. Having considered t he subm issions of t he part ies and also learned counsel considering t he fact t hat t he applicant is not nam ed t he alleged recov ered quant it y is below t he com m er cial quant it y, t his Court is of t he view t hat it is a case fit for bail and t he applicant deserves t o be enlar ged on bail. t he FI R and t hat

12. Accordingly, t he present bail applicat ion is allowed.

13. Let t he applicant be released on bail on his ex ecut ing a personal bond and furnishing t wo reliable suret ies each of t he lik e am ount , t o t he sat isfact ion of t he court concerned, subj ect t he following condit ions: - i) The applicant shall at t end t he t r ial Court regular ly, he will and, unnecessary adj ournm ent . ii) The applicant shall not direct ly or indir ect ly m ake any inducem ent , t hreat or prom ise t o any person acquaint ed w it h t he fact s of t his case. iii) The applicant shall not leave I ndia w it hout any pr ior perm ission of t he t rial Court . I t is clarified

14. t he applicant m isuses or violat es any of t he condit ions, im posed upon him , t he prosecut ion will be free t o m ov e t he court for cancellat ion of bail. t hat Uj j wal ( A l o k M a h r a J.) 15.10.2025