ORDER

Case diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application under Section 439 Cr.P.C for grant of bail.

Applicant has been arrested on 11.04.2024 by Police Station Sarwai, District Chhatarpur (M.P.) in connection with Crime No. 17/2024 registered for offense under Section 8, 21 and 22 of NDPS Act.

The prosecution case in short is that two boxes of 240 bottles having label S-KUF - Codene Phosphate syrup, each bottle containing 100 ml, were seized in front of the house of the accused whereon an offense under Section 8, 21 and 22 of NDPS Act has been registered against the accused.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the matter. He is in custody since 11.04.2024.

It is further submitted that the alleged article has not been seized from exclusive possession of the applicant whereas the same has been seized near his house.

Relying on the orders in MCRC No.20558/2021 (Sonu @ Mohd.Rashid vs. The State of Madhya Pradesh), MCRC No.8814/2021 (Shubham Gupta vs. The State of Madhya Pradesh) and MCRC No.53989/2020 (Kuldeep Tripathi vs. The State of Madhya Pra