( 1 ) AGGRIEVED by the order dated 21-9-1994 passed by the learned additional City Sessions Judge, Court No. 15, Ahmedabad, in Misc. Criminal application No. 1793 of 1994, enlarging the respondent on bail in a case registered against her vide C. R. No. 6 of 1994 under the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as "the N. D. P. S. Act" for short), the state of Gujarat has preferred this application under S. 439 (2) of the Criminal procedure Code for cancellation. In order to appreciate rival contentions, it would be apposite to state briefly facts of the case.

( 2 ) RESPONDENT, Sairabanu, wife of Iqbalbhai Shafimohmad, is sharing common roof and bed of her husband at house No. A/8, Jantanagar Society, Ramol Road, ahmedabad. On a secret information that said Iqbalbhai is dealing in contraband drugs, raid was carried. On search of person of Iqbalbhai Shafimohmad, some contraband goods (43 packets) like brown sugar were found from the pocket of his shirt. The raiding party also decided to search the house including an Almirah (cupboard ). Since the almirah was locked, the officer inquired about the key whereupon the present responden