SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:10139 BAI No.1543 of 2025 Hon’ble Ashish Naithani, J. Mr. Karan Singh Dugtal, learned counsel for the applicant. 2. Mr. K.S. Bora, learned Deputy Advocate General assisted by Mr. Prabhat Bohra, learned Brief Holder for the State. 3. Present bail application has been moved by the applicant, who is in judicial custody in connection with FIR No.376 of 2024 under Section 8/20/60 of Narcotics Drugs and Psychotropic Substances Act registered at Police Station Ramnagar, District Nainital. 4. Heard Mr. Karan Singh Dugtal, learned counsel for the applicant and Mr. K.S. Bora, learned Deputy Advocate General for the State. 5. As per the prosecution case on 19.12.2024 police team was patrolling near the Kosi Bairaj Ramnagar and during checking a white Colour Car bearing Registration No.UP 21 BN 0419 was stopped and two individuals i.e. the applicant and co accused were found with 58.16 kag. Ganja. 6. Learned counsel for the applicant submits that when the applicant was arrested he was not communicated the grounds of arrest. He submits that the contraband has been recovered from five separate foils/katta but it is not clear from which foils/katta it is sent for FSL and as per FSL only 1008 gm sample sent to FSL which creates doubt on prosecution story. He further submits that applicant is in jail since 20.12.2024 and there is no eye witness of the incident. 7. Learned State counsel has opposed the bail application. 8. Without entering into the merits of the case, and upon perusal of the recovery memo and the F.I.R., it appears that the alleged offence for which the applicant/accused has been charged pertains to Ganja. As per the F.I.R. and the recovery memo, it is observed that the contraband allegedly recovered does not fall within the statutory definition of Ganja, as it is stated to be devoid of seeds. Under the N.D.P.S. Act, the definition of Ganja specifically excludes any material that is devoid of seeds and flowering or fruiting tops. Hence, the material shown to have been recovered would not come under the category of Ganja as defined under the Act. 9. Having heard the learned counsel for the parties and considering the overall facts and circumstances of the case, without going into the merits of the case, this Court is of the view that applicant deserves bail. 10. Accordingly, the bail application is allowed. Let the applicant-Randheer Singh be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of court concerned. (Ashish Naithani, J.) 15.11.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.11.17 15:40:21 +05'30'