ORDER

J.G. Chitre, J. - The applicant who happens to be an Inspector, Preventive Central Narcotic Bureau, Indore, has moved this application for bail in view of provisions of S. 439 of the Criminal Procedure Code, 1973 (hereinafter referred to as Code).

2. Short history in this context needs to be given for the purpose of unfolding bitter controversy :

Prior to 28.7.1991, the applicant received an information that some narcotic drugs are likely to be carried to southern part of India from Mandsaur area, and, therefore, he recorded that information, contacted has superior officers at Neemuch, proceeded to a spot which happens to be at a distance of 8 kms. from Mandsaur. At. 10.00 p.m. he noticed a van without number plate which was chased by him and his associates-in the said raiding squad. The persons who were sitting in the said Maruti van threw some packets out and escaped. The applicant and his associates working in the same department, took those articles and seized them under Panchnama in presence of Panch witnesses resident of Road No.4, Kalakhet, Mandsaur namely Gani and Devilal slo Bherulal. After the necessary formalities were completed, the applicant and his associates in