Neutral Citation No. - 2025:AHC:81805 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13598 of 2025 Applicant :- Anuj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Kapil Tyagi, learned counsel for the applicant, Shri Anil Kumar Singh, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Anuj Kumar with a prayer to release him on bail in Case Crime No. 86 of 2025, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Phase-2 Noida , District- Gautam Buddha Nagar. Learned counsel for the applicant has contended as per case set up by prosecution, 102 Kg. of green colour dried leaf was recovered from three bags carried by the applicant and co-accused persons, which after smell, seems to be Ganja leaf. Learned counsel for the applicant submits that as per Section 2 (iii) (b) of Narcotic Drugs & Psychotropic Substance Act, 1985, dried leaf do not fall within the definition of Ganja. Section 2 (iii) (b) of Narcotic Drugs & Psychotropic Substance Act, 1985 is as under:- "2(iii)(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" Learned counsel for the applicant has submitted that as per the averments made in the recovery memo itself, the substance recovered was only green dried leaf substance and there is no mention of a flowering or fruiting tops of the cannabis plant having been recovered. When the seeds and leafs are accompanied by the tops, the same will be read within the definition of 'Ganja', but in absence of flowering or fruiting tops of the plant mere leaf will not fall within the definition of 'Ganja'. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant, who is in jail since 20.2.2025 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. Considering the facts of the case, Section 2 (iii) (b) of Narcotic Drugs & Psychotropic Substance Act, 1985 which defines that recovered dried leaf do not fall within the definition of 'Ganja', larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused- applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Anuj Kumar involved in abovesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 16.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad