No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 984 of 2025 Hon’ble Alok Mahra, J. Mr. Nandan Arya, learned counsel for the applicant. 2. Mr. Pradeep Lohani, learned Brief Holder for the State. 3. The applicant – Nikku, who is in judicial custody in connection with Case Crime/FIR No. 08 of 2025, under Sections 8 and 20 of NDPS Act, 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 on 11.02.2025, alleging therein that on 10.02.2025, when Police party was on patrolling duty at Marchula Road, one alto car was seen without number plate, in which a man was found sitting. He tried to escape, but, Police party caught him. After search, two bags were found containing ganja weighing 24.095 Kg. in green coloured granular, leafy, waxy and lumpy form. 6. Learned counsel for the applicant would submit Police party failed to comply with the provisions of Sections 42 and 43 of NDPS Act; that the alleged contraband, which was recovered from the co-accused amounts to 24.095 Kg of ganja which is in green coloured granular, leafy, waxy and lumpy form. 7. Learned counsel for the applicant has further submitted that although Section 37 of the NDPS Act imposes twin conditions for grant of bail, the Court must also consider whether there are serious procedural lapses affecting the credibility of the prosecution case. 8. Per contra, learned State Counsel vehemently opposed the bail application. 9. 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. 10. 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; 11. 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. 12. Having considered the submissions of learned counsel for the parties and also considering the fact 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. 13. Accordingly, the present bail application is allowed. 14. 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 to 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. 15. 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.) 21.11.2025 Ujjwal