Judgment

Y.K. Sabharwal, J.—A complaint dated 17th March, 2003 under Sections 21(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”) was filed by the respondents. The petitioner and one Dilip Das were arraigned as the accused. The basis of the complaint was ­alleged seizure of 2.050 kg heroin. It was, inter alia, alleged that during the search of the residential premises of Dilip Das, the heroin was found concealed amongst garbage heaped upon the floor under the staircase. During interrogation, Dilip Das stated that the recovered substance was supplied by the petitioner through his carrier to his brother-in-law Sunit Banerjee and he used to keep the said substance in safe custody for further delivery to Bangladesh. According to the statement made by Dilip Das, the petitioner was the real owner of the recovered heroin. It was further alleged that one Alek Mondal appeared before Narcotic Control Bureau Officer and stated that the petitioner, his brother, had left the family seven years ago and was living separately at unknown address and that he had no con­nection or contact with the petitioner. A notice under Section 67 of the NDPS Act i