In BAPS FIR Case No.l4(l) 94 under section 21 NDPS Act, for short the Act, the police arrested accused Heikrujam Dhananjoy Singh on 20.1.94. The prosecution case is that at 10.30 AM of 20.1.94 the police of BAPS detected and seized one paper packet of No.4 heroin from his possession. The weight together with the weight of paper packet was 500 rags. The case was registered on 20.1.94. The sample had been sent for chemical examination. According to IO's report dated 26.2.94, investigation is complete and there are materials against the accused; but report from chemical examiner was awaited for filing the charge sheet. A petition was moved for bail; as the Additional PP objected, the Judge, Special Court No, II, Manipur, refused the bail on 2.3.94.Hence this petition before this Court under section 439 CrPC, hereinafter the Code, for bail.

2. Mr. Lalitkumar submitted that even on the showing of prosecution the investigation is over and the IO was only waiting for the report from chemical examiner for filing the charge sheet. The accused is a local man and serving as Rifle Man in Manipur Rifles. Relying on my order dated 24.9.1993 in Criminal Misc (Bail) Application No. 36 of 1993 (

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