IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.610 of 2023 Gurdev Singh ......Applicant Vs. State of Uttarakhand …..Respondent with First Bail Application No.558 of 2023 Malkeet Singh ......Applicant Vs. State of Uttarakhand …..Respondent Ms. Pushpa Joshi, learned senior counsel assisted by Ms. Chetna Latwal, Ms. Nipush Mola Joshi and Mr. Rayat Khalia, learned counsel for the applicants. Mr. S.C. Dumka, learned AGA for the State of Uttarakhand. Hon’ble Ashish Naithani, J (Oral) Both these bail applications arise from one and the same FIR, they are being decided by this common order. 2. The applicants Gurdev Singh and Malkeet Singh are in judicial custody in FIR No.02/2023 (in Bail Application No.22 of 2023), under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Salt, District Almora. They have sought their release on bail. 3. Heard Ms. Pushpa Joshi, learned senior counsel for the applicants and Mr. S.C. Dumka, learned AGA for the State. 4. These are bail orders passed in BA1 No.610 of 2023, Gurdev Singh vs. State of Uttarakhand, connected with BA1 No.558 of 2023, Malkeet Singh vs. State of Uttarakhand. 5. At the outset, the contentions raised before this Court by the learned counsel of the applicants are that as per the prosecution case, the applicants Gurdev Singh and Malkeet Singh were apprehended from the arrest and recovery spot riding a motor- 2 cycle. Gurdev Singh was riding a motor-cycle while Malkeet was a pillion rider and in between both of them, there were two plastic bags containing Ganja (cannabis and hemb) 11,700 kilogram and the other contained 10,800 kilogram, respectively. The contraband so seized at the time of incident is said to be below stipulated commercial quantity i.e. 20 kilogram, and that too, it was not purely ganja as per the records, it contains seeds, leafs and stems. Meaning thereby, the pure weight of the ganja is not certain and that will benefit as a ground of bail for the applicant. These are the main contentions and solely on this contention, the bail has been requested by the learned counsel for the applicant. 6. The bail was opposed on the other hand by the learned Government Advocate contending that the seizure of the contraband ganja was made on the spot, and it was weighed by an electronic scale and as per the FSL report, it has been positively verified as ganja. It is further stated that both the accused/applicants have criminal history and if they are enlarged on bail they will again attempt to indulge in these illegal activities and contraband like the one in the present matter and thus the bail applications have been strongly opposed. 7. After hearing the parties and on perusal of the records, at this juncture, I find it a fit case for bail, firstly the quantity is below commercial; secondly, it is evident at this stage that the quantity as specified in the recovery memo in the separate bags i.e. 11.700 Kg and 10.800 Kg, are said to be a mixture of seeds, leaves ganja and flowering or the fruiting tops of the cannabis plant. 8. As per NDPS Act, Section 2(iii) (b) ganja is defined as “(b) ganja, that is, the flowering of 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;” 3 9. Having considered the submissions of the parties, this Court is of the view that the bail applications of the applicants deserve to be allowed. 10. The bail applications are allowed. 11. Let the applicants, Gurdev Singh and Malkeet Singh be released on bail, on their executing personal bond and furnishing two reliable sureties, each by one of them, each of the like amount, to the satisfaction of the Court concerned. (Ashish Naithani, J.) 25.02.2025 Kaushal