- (1.) Heard the learned Counsel appearing for the parties. This is an application filed by the Zonal Director, Eastern Zonal Unit, Narcotic Control Bureau i.e. the original complainant for cancellation of bail of I the respondents/accused persons, Badar Ali & Yognarayan Pan, which was granted to them by the learned Judge of the Special Court under N.D.P.S. Act, Murshidabad in N.D.P.S. Case No. 66 of 2009 by order dated 21st April, 2010.
(2.) It is the contention of the petitioner that on getting specific information Narcotic Control Bureau Officials accosted and searched the respondents accused persons in front of 'Prince Dhaba' at National Highway (NH 34) near Omarpur More, District - Murshidabad in presence of independent witnesses on 2nd December, 2009. On their search 1.3 kgs. of heroin was recovered from the possession of accused No, 1, which was handed over to him by accused No. 2. In the search they also recovered two mobile phones and as respondents were not in a position to produce any document in support of unlawful possession of the aforesaid quantity of heroin, they came to be arrested under section 43 of the NDPS Act.
(3.) It is the contention of the petitioners that samples were drawn from the seized goods and were kept in separate bag duly sealed and labeled by the opposite party and signature of the respondents were obtained and the samples so collected was sent to Forensic Science Laboratory for chemical examination. The respondents were also served notice under section 67 of the NDPS Act and their statements came to be recorded. On the next date i.e. 3rd December, 2009 the respondents/opposite parties were produced before the learned Judge of the Special Court under NDPS Act, Murshidabad for seeking their remand in jail custody. In the meantime, the petitioner received the report of the chemical examiner showing that the sample is positive to the test of heroin.;