( 1 ) THE present petition is filed under Sec. 439 of the Criminal Procedure Code for hail.

( 2 ) SHORT facts are that on 5-4-1989 when the present petitioner was on the Platform No. 2 of Vapi Railway Station he was arrested on suspicion by Valsad Railway Police. The informant had suspected the petitioner and had asked certain questions which were not replied by the petitioner properly and therefore the informant checked the bag of the petitioner from which very strong smell was coming out and he found Brown Sugar in that bag It appears that subsequently the petitioner was brought to Valsad Railway Police Station and produced before the Head Constable Ramchandra Ragho where the panchas were called and the search of the petitioner was taken in the presence of panchas. It appears that near about 1 Kg. Heroin was found and the contraband was sealed and seized after 50 grams was taken out for sample and seized as per the panchnama. Thereafter the samples of contraband articles were sent to the Chemical Analyser. It appears from the report of the Chemical Analyser that the contents of exhibit A and B are found to be Morphine Diacetyl Morphine (Heroin) papavani. Narcotin