No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 1550 of 2025 Hon’ble Alok Mahra, J. Mr. Lalit Miglani, learned counsel for the applicant. 2. Mr. B.N. Molakhi, learned D.A.G. for the State. 3. The applicant – Bhupesh Kumar, who is in judicial custody in connection with Case Crime/FIR No. 05 of 2025, under Section 8 and 20 of NDPS Act, 1985, registered at P.S.- Bhatrojkhan, District Almora, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. In this case, an FIR was lodged by the complainant on 01.02.2025, wherein, it was alleged that the applicant alongwith other co- accused, on seeing the police personnel started running away from their car Swift Dzire bearing registration no. UK04R-5051, but, the co-accused were caught immediately by the Police team and upon asking the reason for running away, the co-accused could not give the satisfactory answer. On being searched, the four sacks, illegal ganja was alleged to be recovered from their vehicle in green coloured granular, leafy, waxy and lumpy form. 6. Learned counsel for the applicant would submit that the applicant was not arrested from the spot, but, was arrested from the premises of the factory, where he is working, on the basis of the statement of the co- accused; that the alleged contraband, which was recovered from the co-accused amounts to 42.515 Kg of ganja. It is also contended by learned counsel for the applicant that the applicant is not named in the FIR; and, that though there are previous criminal antecedents of the applicant, but, the applicant has not been convicted in any of the case. 7. Per contra, learned State Counsel vehemently opposed the bail application and would submit that the applicant is a habitual offender having other cases of similar nature registered against him. 8. Perusal of the FIR would reveal that the illegal ganja so recovered from the vehicle is in green coloured granular, leafy, waxy and lumpy form. 9. Section 2(iii)(b) and (c) of the NDPS Act, 1985, defines 'ganja' as:- (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom; 10. In this case, the seized material was a mixture of seeds, leaves, and stalks, without any specific mention of the flowering or fruiting tops, whereas, the definition of ganja defined and clarified that ganja was the flowering or fruiting tops of the cannabis plant excluding the seeds and leaves when not accompanied by the tops. Thus, the alleged recovered quantity of the ganja would be less than the commercial quantity. 11. Having considered the submissions of learned counsel for the parties and also considering the fact that the applicant is not named in the FIR and that the alleged recovered quantity is below the commercial quantity, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 12. Accordingly, the present bail application is allowed. 13. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned, subject the following conditions:- i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment. ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. iii) The applicant shall not leave India without any prior permission of the trial Court. 14. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move the court for cancellation of bail. (Alok Mahra J.) 15.10.2025 Ujjwal