Shahnawaz Ahmed vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 545

RAVINDRA MAITHANI
Shahnawaz Ahmed – Appellant
Versus
State of Uttarakhand – Respondent

Advocates Appeared:
For the Applicant : Mr. Siddhartha Sah.
For the State : Mr. Amit Bhatt, D.A.G.

JUDGMENT :

(Ravindra Maithani, J.)

Since both the bail applications arise from the same FIR, they are being decided by this common order.

2. Applicants Shahnawaz Ahmed and Nasir Ahmed are in judicial custody in Case Crime No.0002 of 2023, under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Bhatronjkhan, District- Almora. They have sought their release on bail.

3. Heard learned counsel for the parties and perused the record.

4. According to the FIR, on 15.01.2023, total 27.030 Kgs Ganja was recovered from the possession of the applicants, which they were carrying in a bag.

5. Learned counsel for the applicants would submit that, according to the FIR, the articles that were allegedly recovered, do not confirm that it was Ganja, in view of the definition of Ganja, as given under Section 2(iii)(b) of the Act; according to the FIR, leaves of Ganja and seeds of Bhang were recovered.

6. Learned counsel for the applicants would also submit that the jurisprudence with regard to the bail under the Act has been widened by the Hon’ble Supreme Court in a number of cases. He would refer to the judgments in the cases of Mohd. Muslim alias

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