JUDGMENT

Bhat, C.J. - Two of the accused in Case No. 1/ CL/NDPS/ BPB/92 of the Customs and Central Excise, Crime Branch, have filed these applications for bail under section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) read with section 439 of the Code of Criminal Procedure, 1973 (for short, the Code). The allegation against them is that they have been found dealing in heroin, a psychotropic substance and committed offence punishable under section 22 of the Act. The punishment prescribed is rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and fine. The applications are opposed by the learned Addl. Central Govt. Standing Counsel appearing for the officers of the Customs and Central Excise Department and the learned Public Prosecutor appearing for the State of Assam."

2. Information was received, offence was detected and investigation was initiated and conducted by an officer of the Customs and Central Excise Department, duly empowered with the powers of an officer in charge of a Police Station under Section 53 of the Act. At the conclusion of the investigation he filed a complaint as c