I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL Bail Application 1^st No.702 of 2024 Rakesh Tewari ......Applicant Vs.

State of Uttarakhand …..Respondent Mr. Saurav Pandey, learned counsel, holding brief of Mrs. Shruti Joshi, learned counsel for the applicant.

Mr. S.C. Dumka, learned AGA, for the State of Uttarakhand.

Hon’ble Ashish Naithani, J ( Oral)

The present bail application has been moved on behalf of the applicant, Rakesh Tewari, son of Mahesh Chandra Tewari, aged 39 years, resident of Village Jalnaneel Pahari, Post Office Paharpani, Mukteshwar, District Nainital. The applicant is presently in judicial custody in connection with FIR No. 12 of 2024, registered at Police Station Lamgara, District Almora, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2. The case pertains to the alleged recovery of 1 kg 181 grams of Charas. As per Section 2(iii)(a) of the NDPS Act, Charas is defined as "the separated resin, in whatsoever form, whether crude or purified, obtained from the Cannabis plant," and the quantity recovered exceeds the threshold for commercial quantity, which is defined under Section 2(viia) and Section 2(xxiii)(a) of the NDPS Act