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2026 DAILYLAW 5906 (UTT)

OM PRAKASH v. STATE OF UTTARAKHAND

BA1/351/2026 · 2026-05-25

Ashish Naithani

body2026

Judgment text

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:4106 BA 1st No.351 of 2026 Om Prakash ……Applicant Vs. State of Uttarakhand …Respondent Hon’ble Ashish Naithani, J. Mr. Mani Kumar, learned counsel for the Applicant. 2. Mr. Pratiroop Pandey, learned AGA, for the State of Uttarakhand. 3. In the High Court of Uttarakhand, the present case arises from Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the Applicant – Om prakash, who has been accused in Case Crime/FIR No.21 of 2025, under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, at Police Station Deghat, District Almora. 4. According to the facts of the case, on December 8, 2025, police officers from Deghat Police Station, while checking on Saraikhet Road, one and a half kilometers from Valmra, observed a white Honda Amaze car, number DL-3- CCG-0504, approaching. They stopped the vehicle. The accused, Om Prakash, was driving the vehicle. A search of the vehicle revealed a total of 86.032 kilograms of illegal Ganja, including eight sacks. 5. Learned counsel appearing on behalf of the Applicant submits that the Applicant has been falsely implicated in the present matter. The Applicant has been languishing in jail since 08.12.2025. 6. Applicant is alleged to have been in possession of the contraband, namely, Ganja weighing 86.032 kilogram, and as per the FIR and the recovery memo, the contraband so alleged to be Ganja does not fully fall in the category as per the definition contained under Section 2 (iii) (b) of the NDPS Act and Ganja is defined as “flowering or fruiting tops of the cannabis plant excluding the seeds and leaves” whereas in the arrest memo, it is noted that contraband so recovered contained seeds and since punishment under the NDPS Act, are weight centric, it was not be wise in the opinion of the Court not to grant the bail to the Applicant in the present matter. 7. Learned State Counsel has vehemently opposed the bail application of the Applicant. 8. Considering the overall facts and circumstances of the case, the Applicant has made out a case for bail. 9. Accordingly, bail application is allowed. It is directed that the Applicant - Om prakash, who has been accused in Case Crime/FIR No.21 of 2025, under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, at Police Station Deghat, District Almora, be released on bail on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the concerned court. The Applicant shall cooperate with the trial proceedings and shall not misuse the liberty granted to him. (Ashish Naithani, J.) 25.05.2026 Nitesh/