JUDGMENT

K.S. Gupta, J.

1. In this petition under section 482 Cr.P.C., the petitioner-accused seeks setting aside of the order dated 24th May 2001 passed by an Additional Sessions Judge, New Delhi declining to release the monies lying in bank account Nos. SB-228550 in Oriental Bank of Commerce, 320433613 in American Express Bank and 30453 in Canara Bank, in favour of the petitioner.

2. It is alleged in the petition that petitioner received a sum of Rs. 1,60,000/- from Raymond Bernard Dunn through Western Union Agency. This amount was partly towards payment of rent of Rs. 40,000/- made by the petitioner to Narender on behalf of Raymond Bernaurd Dunn. It also covered payment towards purchases made of sundry articles by said Raymond Bernard Dunn from the petitioner. It is further alleged that Suresh, partner in 21st Century Exim (India) Pvt. Ltd paid Its. 50,000/- to the petitioner. Petitioner has relatives in Afghanistan who have been giving money to him for expenses from time to time. It is claimed that direction issued by NCB to the banks prohibiting the operation of said bank accounts is without any authority.

3. In reply, it is alleged by NCB that petitioner and Suresh Chander, launched 21st Century Exim (India) Pvt. Ltd in the year 1999 and the petitioner resigned from company on 30th November 1999. As per statement of Suresh Chand neither any goods except free samples were sent abroad nor any money received in company's account. In his statement Raymond Bernard Dunn disclosed that he had taken 13 Kgs of heroin in three different trips from 21st Century Exim (India) Pvt. Ltd through the petitioner which he handed over to his associates in Italy. Amount of Rs. 1,60,000/sent by him to the petitioner was towards part-payment of said assignment. It is asserted that the amounts lying in accounts was derived from drug business.

4. Submission advanced by Ms. Shilpi Jain for petitioner was-(i) that the stand taken by NCB as to under which provision of law accounts in question were freezed, had been inconsistent and (ii) that amounts lying in accounts in question were received by the petitioner from Raymond Bernard Dunn, Suresh Chander and his relatives in Afghanistan. Pursuant to the order dated 18th April 2002, NCB has filed copy of letter dated 29th December 1999 sent by an Assistant Director, NCB to the Branch Manager of Canara Bank, Faridabad. Omitting immaterial portion, this letter reads as under:

"It is to inform you that recently one Noor Haider Sediqi S/o Faiz-Ul-Haq r/o 664, Sector-17, Faridabad (Previous address 409, Sector-16, Faridabad) has been arrested by the officers of the Narcotics Control Bureau's Delhi Zonal Unit for possession of contraband narcotic drugs. During investigation it has been revealed that the aforeasaid person or under noted family members are holding account (saving or current), fixed deposits, lockers etc in your bank.

1. Noor Haiber Sediqi (A/c No. 30453).

2. Saliha or Saleha W/o Haider Sediqi.

3. Runa D/o Noor Haider Sediqi.

This Bureau has reasons to believe that the transactions made in such accounts relate to the sale proceeds of narcotic drugs/illegally acquired property. In view of the above it is requested that details of all such accounts/FDR/Lockers alongwith bank statement may please be furnished to this Bureau for further investigations as the same are liable for proper action under section 45, 62 & Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985. It is also requested that no further transfer/withdrawal from such accounts/ FDR/Lockers be allowed by your bank without obtaining clearance from this Bureau."

5. Presumably, identical letters were issued by NCB to Oriental Bank of Commerce and American Express Bank with whom the petitioner is having aforesaid bank accounts. Said accounts seem to have been freezed by NCB in exercise of power under section 102 Cr.PC. Statement of petitioner under section 67 NDPS Act was allegedly, recorded on 22nd and 23rd De