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2026 DAILYLAW 3182 (UTT)

MANJEET SINGH v. STATE OF UTTARAKHAND

BA1/452/2026 · 2026-04-17

Ashish Naithani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21. BA] SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:2749 BA1 No.452 of 2026 Manjeet Singh Vs. State of Uttarakhand Hon’ble Ashish Naithani, J. Mr. Shariq Khurshid, learned counsel for the Applicant. 2. Mr. Chittrarth Kandpal, learned Brief Holder for the State. 3. Present bail application is moved by the applicant, who is in judicial custody in connection with FIR No.39 of 2026, under Section 8/20/60 of N.D.P.S. Act, Police Station Dineshpur, District Udham Singh Nagar. 4. Learned counsel for the applicant submits that as per the FIR applicant is alleged to be in possession of contraband under the category of commercial quantity, named ganja weighing 10.239 kg. Learned counsel for the applicant at the outset submits for consideration of bail that the applicant has been falsely implicated in the present matter and though it is shown that the recovery is of a contraband named ganja but in the FIR itself the contraband, so recovered and shown to be ganja does not fall within the category of ganja as per the NDPS Act. 5. Learned State counsel opposed the bail application. 6. Heard the submissions, so advanced by learned counsel for the applicant and rival submission for opposition of the bail moved on behalf of the State. 7. The offence as categorised in the NDPS Act is very specific and each offence relates to the punishment assigned with the nature and also with the weight of the contraband, so recovered. Since the punishment are stringent and weight specific there comes a benefit for consideration of bail in favour of the applicant. 8. The definition of the contraband named ganja has been specifically find in the Narcotic Drugs and Psychotropic Substances Act under Section 2(iii)(b) wherein it is defined “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; and”. Thus, at this juncture while considering the bail primafacie case for bail is made out as the FIR specifically mentioned that the contraband, so recovered, said to be ganja contains stem, leaves and also seeds. 9. Accordingly, bail application is allowed. Let the applicant-Manjeet Singh be released on bail on executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of court concerned. (Ashish Naithani, J.) 17.04.2026 Arti