ORAL JUDGMENT:

1. The Union of India has preferred this application for cancellation of bail granted to the respondent nos.1 and 2, who are the original accused by the learned Special Judge (NDPS Act), Pune in Customs NDPS Sessions Case No.18 of 2011.

2. Prosecution case in brief, is that, one Satish Kulkarni, Inspector, Customs (Preventive) Narcotic Cell at Pune received intelligence on 19.11.2010 at about 13.30 hrs. that two persons namely, Ambalal Srilalji Ahir and Kailashchandra Mallara would be coming opposite Modern Cafe, Shivajinagar, Pune in a Maruti Alto at about 4 p.m. on the same day with about 15 kg of opium. After completing the other formalities, officers of the Narcotic Cell took position near the relevant spot. At about 4 p.m. one Maruti Alto car bearing registration no. RJ-27-CB-3899 arrived and stopped in front of Modern Cafe. The officers of the Narcotics Cell surrounded the car and introduced themselves to the occupants of the car and enquired about the identity of the occupants of the car. Applicant No.2 Kailash was on the driver seat while the applicant no.1 Ambalal was on the seat by the side of driver. From below the seat of the vehicle, one jute