Office Notes, reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGE’S ORDERS No.

and Registrar’s order with Signatures BA1/ 547/ 2024 Hon’ble Alok Mahra, J.

Mr. I.D.Paliwal and Mr. Anil Kumar, learned counsels for the applicant.

2. Mr. Deepak Bisht, learned Deputy Advocate General, assisted by Mr. Akshay Latwal, learned AGA and Mr. Prabhat Kandpal, Brief Holder for the State.

3. Applicant- Ayub Khan, who is in Judicial custody in connection with Case Crime/FIR No. 04 of 2024, under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Deghat, District Almora, has sought his release on bail.

4. Heard learned counsel for the parties and perused the material available on record.

5. As per prosecution story, when the Police of P.S. Dehat, District Almora was on their round, they saw a car coming from Village Babalia to Velmara. When the car was stopped, the driver ran away leaving the car. On inspection of the car four black colour bags were found. On checking the bags some mud colour leaves were found which seems to be cannabis (ganja) leaves. On opening the bags contraband weighing 69.656 Kg was recovered.

6. Learned counsel for the applicant submits that the applicant was not apprehended on the spot; on perusal of the recovery memo it would reveal that there were leaves, including the seeds and flowers which was alleged to be cannabis (ganja). The bags were weighed and total weight of the bags including leaves, seeds and flowers was 69.656 Kg. Samples were taken and sent to Forensic Science Laboratory.

7. Learned Deputy A.G. submits that the report of the Forensic Science Laboratory Report is positive.

8. Counsel for the applicant submits that the total contraband alleged to be cannabis (ganja) which was recovered was weighed. Since the recovery of contraband was weighed, in total including the leaves , stem and flowers, therefore, what was the weight of the contraband alleged to be recovered i.e. flowering of fruiting tops of the cannabis plant could not be determined. Learned counsel for the applicant further submits that the applicant is languishing in jail since 14.02.2024. Counsel for the applicant further submitted that the applicant has no previous criminal history including cases of the Narcotic Drugs and Psychotropic Substances Act, 1985 and if he is enlarged on bail there is no chance of absconding.

9. On the contrary, learned State Counsel vehemently opposed the bail.

10. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.

11. Accordingly, bail application is