2025:UHC:3387 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.2456 of 2024 with BA1 No.2458 of 2024 Hon’ble Alok Mahra, J. Mr. Prashant Khanna and Mr. Himanshu Joshi, Advocates for the applicants. Mr. S.S. Chauhan, Deputy Advocate General and Mr. Vikas Uniyal, Brief Holder for the State of Uttarakhand. 2. These first bail applications have been moved by the applicants seeking regular bail in Case Crime No.344 of 2024, under Section 8/20 of N.D.P.S. Act, registered at Police Station Ramnagar, District Nainital, on 25.11.2024. 3. It is contended by learned counsel for the applicants that applicants have falsely implicated in the instant crime and are languishing in jail since 25.11.2024. Learned counsel for the applicants submits that the contraband (Smack), alleged to have been recovered from the possession of the applicant- Jishan Ansari was 11.73 kgs. + 5.738 kgs. and 8.834 kgs. was recovered from the possession of the applicant-Parvej Ali, which is less than commercial quantity and there is no independent witness of the alleged recovery. He submits that, as per the averments made in the F.I.R., leaves and seeds were recovered from the possession of the applicants; whereas, ‘Ganja’ is defined under Section 2 (iii)(b) of the N.D.P.S. Act, which is the flowering of fruiting 2025:UHC:3387 tops of the cannabis, excluding the seeds and leaves when not accompanied by the tops. He submits that applicants are 19 & 24 years of age and in case they are detained in jail for long, their entire career will be ruined. He submits that in case, the applicants are granted bail, they will not misuse the same and will furnish the bail surety as per the satisfaction of this Court. 4. Learned State Counsel vehemently opposed the bail application. 5. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicants deserve bail at this stage. 6. The bail applications are allowed. 7. Let the applicants, namely, Parvej Ali and Jishan Ansari be released on bail, on executing personal bond by each one of them and furnishing two reliable sureties by each one of them, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 02.05.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.05.02 17:01:46 +05'30'