This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.467/2023 registered at Police Station - Jhinjharee Thana Madhavnagar, District- Katni (M.P.) for the offence punishable under Sections 8/20 of NDPS Act. Applicant is in detention since 03.06.2023.

2. As per the prosecution story, police has recovered 24kg 400 gm of Ganja from the Dikki of car. After investigation, offence under aforesaid sections have been registered against the applicant and other co-accused persons.

3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. She is a lady and mandatory provision of Section 50 of the NDPS Act was not followed because at the time of arrest, no lady police officer was present and the investigation was conducted by Sub-inspector Neeraj Dubey. In seizure memo itself it is mentioned that weight of ganja is 24kg 400gm but the said weight could become less on account of drying of moisture therefore, contraband seized will not come under commercial quantity. It is further submitted that the applicant was neither driving t