Nassir Hussain vs State Of Uttarakhand
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Uttarakhand High Court

Nassir Hussain vs State Of Uttarakhand on 20 March, 2026

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                                                                                     2026:UHC:1995

                               BA1 No. 419 of 2026

                               Nassir Hussain                 --Applicant

                                                Versus

                               State of Uttarakhand          --Respondent

                               Hon'ble Ashish Naithani, J.

Ms. Sheetal Selwal, learned counsel for the Applicant.

2. Mr. S.S. Chauhan, learned Deputy Advocate General for the State of Uttarakhand.

3. The present Bail Application has been moved by the Applicant-Nassir Hussain, aged about 39 years, S/o Shri Nazar Hussain, R/o Gularghatti Nayi Basti, Ward No. 3, Thana Ramnagar, District Nainital, Uttarakhand. The Applicant is in judicial custody in connection with FIR No. 06 of 2026, registered at Police Station Salt, District Almora, for the offences punishable under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act").

4. Heard Ms. Sheetal Selwal, learned counsel for the Applicant, and Mr. S.S. Chauhan, learned Deputy Advocate General for the State. Perused the record.

5. Learned counsel for the Applicant submits that the contraband, namely ganja, alleged to have been recovered from the Applicant weighs 18.350 kg, which is below commercial quantity. It is further submitted that the Applicant has no criminal history and that the mandatory provisions of the NDPS Act have not been complied with.

6. Learned State Counsel opposed the Bail Application, contending that the matter is under investigation and that recovery has been made from the possession of the Applicant.

7. Considering the submissions advanced by learned counsel for the Applicant, it is noted that the alleged recovered contraband has been described in the recovery memo as "green coloured material consisting of seeds and clumps." As per the definition under Section 2(iii)(b) of the NDPS Act, ganja refers to the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when not accompanied by the tops.

8. In view of the above, and considering the facts and circumstances of the case, as well as the submissions advanced by learned counsel for the parties, and without expressing any opinion on the merits of the case, this Court is of the view that the grounds urged on behalf of the Applicant are sufficient for grant of bail.

9. Accordingly, the Bail Application is allowed.

10. Let the Applicant be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.

11. All pending applications, if any, stand disposed of.

(Ashish Naithani, J.) 20.03.2026 Shiksha