This is first application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail relating to Crime No. 178 of 2024 registered at Police Station - Kotwali, District Guna (M.P.) for the offence under Section 8/21 of NDPS Act.

Allegation against the present applicant is that 20.40 grams of Smack has been seized from the possession of present applicant.

Learned counsel for the applicant/accused argued that the applicant is innocent and has been falsely implicated. It is further argued that the mandatory provision of Section 50 of NDPS Act has not been complied with while seizing the contraband. The option of search by Police Officer has also been given. Seized smack does not come within the purview of commercial quantity.

Further argument is that the applicant is in custody since 10.03.2024. It is further argued that investigation is almost complete. The applicant is permanent resident of District Baran (Rajasthan). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. Hence, he prays for grant of bail to the applicant.

P e r contra, learned Public Prosecutor for the respondent/State vehemently opposed th