Petitioner Loganathan and Shiva Narayan, who have been arrayed as A3 and A2 respectively along with 11 others, charged with offences punishable under Section 8(c) read with 21, 23, 25 and 27A of the Narcotic Drugs and Psychotropic Substance Act, hereinafter referred to as the 'NDPS' Act in C.C. No. 24 of 1994 on the file of the Special Judge for E.C. Act cases, Salem, who were arrested and lodged to judicial custody, have come forward with these applications for bail under Section 439 of the Code of Criminal Procedure. Since the occurrence involved in the whole case relating to both the petitioners along with others is one and the same and the points taken are common, with the consent of the Bar, I am disposing both these petitions, by passing this common order.

2.The conspectus of the facts is that at or about 11.45 A.M. on 15-5-1993 while the respondent was having a surveillance for the persons accused of the offences under the N.D.P.S. Act on intelligence spotted a light blue colour Ambassador car bearing the registration mark TNB 9346 parked near National Hotel at Salem, and in which, two persons were found getting into the same from the Hotel and that the said car p