CRIMINAL MISC. BAIL APPLICATION No. 39786 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39786 of 2025 Rakesh Mahto .....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Ankit Kapoor Counsel for Opposite Party(s) : G.A. Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Ankit Kapoor, learned counsel for the applicant, Shri Manoj Kumar Singh, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Rakesh Mahto with a prayer to release him on bail in Case Crime No. 268 of 2025, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Sigra , District- Varanasi. Learned counsel for the applicant has contended as per case set up by prosecution, 30 Kg. Ganja including of green colour dried leaf was recovered from the vehicle of applicant and co-accused persons, which after smell, seems to be Ganja leaf. Learned counsel for the applicant submits that as per Section 2 (iii) (b) of Narcotic Drugs & Psychotropic Substance Act, 1985, dried leaf do not fall within the definition of Ganja. Sect