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 det