N. ARUMUGHAM, J.

( 1 ) THE Intelligence Officer, Narcotics Control Bureau, South Zone, Madras has preferred this petition under 5. 439 read with S. 482 of the Code of Criminal Procedure for cancellation of the order passed by the learned Special Judge designated under the Narcotic Drugs and Psychotropic Substances Act (hereinafter called NDPS Act) Madras and Chengalpattu made in Criminal M. P. No. 452 of 1993 dated 10. 11. 1993.

( 2 ) THE brief facts which lead to the present case as could be seen from the records are stated as follows: - On 16. 10. 1993 at about 23 Hours based on intelligence a person by name. Shanmugham, the third accused in this case was intercepted by the staff of the petitioner at Pillaiyar Koil Street, Palarai Vinayagapuram Kulathoor, Madras searched his belonging in the presence of two witnesses and on examination, a cream colour zipper bag in his possession was identified, which contains brown colour powder substance, but however with the help of the test kit, it was tested which showed the presence of heroin, a narcotic drug under the Act with the weighment of 970 grams approximately. Accordingly, it was seized with its packing materials as detailed in the mahazar followed by two representative sample were drawn for chemical analysis. The above search was concluded at about 02. 00 hours on 17. 10. 1993. On interrogation, the said Shanmugham gave all of his identities and details and as a follow-up action, his residence was also searched at the early hours of the same day, but nothing incriminating was seized.

( 3 ) AS a part of evidence gathered and surveillance mounted on the same day, a person by name 5k. Anand the fourth accused in this case was found leaving the Central Station on arrival from New Delhi and the search made upon him by the petitioner resulted in the seizure of Indian currency to the extent of Rs. 29,000/- and some documents which were recovered under the cover of mahazar. Similarly, one B. K. Ashokan the second accused was also searched as well as room No. 206 of Sri Vishweshwara Bhavanam, 76, Millers Road, Madras and consequently, certain incriminating documents were seized under the cover of mahazar.

( 4 ) ON 17. 10. 1993, the premises of the respondent herein, who is the first accused in the case was searched by the petitioner between 13-15 hours and 14. 30 hours in the presence of independent witnesses and the respondent and as result of which, incriminating documents and materials were seized and those of the materials and the person apprehended accused 1 to 4 were brought to the office of the petitioner, interrogated separately and recorded their voluntarily confession statements. During the course of which all the accused have admitted the complicity in their dealing with the contraband and transporting the contraband and narcotic substance under the relevant Act. Therefore, it was the case of the prosecution that all the four accused including, the respondent have committed the offence under Ss. 8,23,28 and 29 of the N. D. P. S. Act and as such, they were arrested and remanded to judicial custody on 17. 10. 1993. But, however, the custody of Shanmugham was taken by the staff of the petitioner from the court for the recovery of 25 Kgs. of opium in a different place under a cover of mahazar but after that he was also remanded to judicial custody on 21. 10. 1993.

( 5 ) IN this background, the respondent herein moved a bail and for which a detailed counter objection was filed on behalf of the petitioner. But, however, on hearing the arguments of the respective parties herein and the perusal of the records, the learned, Special Judge has granted bail by, passing the impugned order on 10. 10. 1993, which is being challenged herein.

( 6 ) MR. P. Rajamanickam, the learned standing counsel for the petitioner has mainly raised the following contentions, challenging the impugned order of bail granted by the learned Special Judge: 1. The finding of the learned Special Jud