1. The respondent is arrayed as accused No.1 (hereinafter referred to as ‘accused No.1) in Special C.C.No.165/2009, on the file of XXXIII Addl. City Civil & Sessions Court and Special Court for NDPS Cases at Bangalore, pending trial for offences punishable under sections 21, 23, 27(A), 28 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, the Act’].

2. As per the complaint filed and annexed documents by Inspector of Customs, HQRS, Prevention Unit, Bangalore (for short complaint) accused No.1 and 2 were caught red handed by the Inspector of Customs on 20.02.2009 when they were booking four courier parcels to Netherlands, Spain and United Kingdom, in which heroin had been concealed.

The gist of the complaint as stated in the impugned order is as follows:-

“On 20.02.2009 G. Chetan, Inspector of Customs, HPU, Bangalore on the gathered intelligence goes to M/s Blue Dart Express, 6/1, 60 feet road, 6th Block, 5th Cross, Koramangala, Bangalore – 95 and therein accused No.1-Betrand Tochukwu and accused no.2-Ms. Daphira Wallang have booked four shipments to Netherlands, Spain and United Kingdom and got prepared four airway bills with four cash memos dated 20.02.2009 with one Kashi working as operation executive of that Blue Dart Express and when these four shipments were retrieved and checked they were containing ladies night wares with buttons and shin guards and in these buttons and sin guards ivory coloured powder and brown coloured powder were concealed and on test they responded positive for the heroin, i.e, Diacety Morphine, totally there it was recovered 694 grams of ivory coloured powder + 1024 grams of ivory coloured powder + 362 grams of brown coloured powder + 485 grams of brown coloured powder, as they all answered positive for heroin, i.e., Diacetyl Morphine, total herein that was recovered was 2565 grams and in this regard OR.No.23/08-09 was registered against accused Nos.1 and 2 for the offence U/Sec.8 (c) read with Sec.21, 23 and 29 of the NDPS Act.”

Accused No.1 was arrested on 21.02.2009 and his remand was being extended from time to time on the applications filed by complainant. On 15.06.2009, accused No.1 made a bail application under section 37(b) of the Act. On 16.06.2009, the complainant filed the report of Assistant Chemical Examiner from Central Revenue Control Laboratory, New Delhi, indicating that in the seized contraband (hereon) total weight of narcotic substance is 643.6 grams. The complainant opposed bail application by filing objections on 25.06.2009. On 20.08.2009, complaint (the final report of investigation) and necessary documents were filed. On 17.09.2009, accused No.1 filed a memo before the trial Court, reading as hereunder:-

“The Accused No.1 humbly submits that, he having availed of the benefit and the indefeasible right accrued under section 167(2) of Cr.P.C r/w 439 Cr.P.C., the accused no.1 hereby confines his prayer and arguments thereof only on the mandatory bail ground and not on the merits of the case, in the interest of justice.”

3. The learned Special Judge on hearing learned counsel for parties, granted bail to accused No.1 in terms of the impugned order dated 06.03.2010. Aggrieved by the same, complainant is before this Court seeking cancellation of bail.

4. I have heard Sri Urval N. Ramanand, learned senior counsel for complainant and Sri Amar Correa, learned counsel for accused No.1.

5. On consideration of the impugned order, I find that the learned Special Judge has granted bail to accused No.1 under section 167(2) Cr.P.C. The learned Special Judge has confined consideration of bail in terms of the memo as aforestated.

6. Sri Urval N. Ramanand, learned senior counsel appearing for complainant has made following submissions:-

I. The offences alleged against accused No.1 and offences for which complaint was initiated against accused No.1 are punishable with minimum sentence of imprisonment for ten years and maximum sentence of imprisonment of t