ORDER

1. This appeal is directed against the judgment and order passed by the High Court of Judicature of Guwahati at Shillong Bench in Criminal Appeal No. 5 (SH) of 2006, dated 06.09.2007. By the impugned judgment and order, the High Court has affirmed the judgment and order passed by the Special Court (NDPS) in Criminal (NDPS) No.26 of 2003.

2. The factual matrix of the case in brief is : The Inspector of Customs working in the office of the Commissioner of Custom NER, Shillong, PW 11, received information from the Special Operation Team of Meghalaya Police that Yasihey Yobin - A1 has stored huge quantity of heroin in his residence. On receipt of such information, PW4- Inspector of customs PW2- Inspector and PW7- Superintendent of Police conducted search of the premises of A1 in the presence of two other independent witnesses. In the course of search, the heroin though not recovered from A1 but was recovered from accused No. 2- Lisihey Ngwazah(A2) at the instance of A1, when A1 instructed his wife to contact A2 asking him to get the bag containing heroine. It is when A2 turned up with the bag that the said bag containing contraband heroin was searched and seized from A2 by the Cu