SUPDT NARCOTICS CONTROL BUREAU CHENNAI Vs. R PAULSAMY

JUDGEMENT

(1.) Leave granted.

(2.) Respondent and his wife are now facing a prosecution for offences under Secs. 8C, 21, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and 193 and 1208 (120-B) Indian Penal Code. The case against them is that 2 k.g. heroin had been recovered from a room which was in the possession of the respondent. At the relevant time he himself was a Superintendent, Customs, Preventive Unit Madurai. His wife was Superintendent of Central Excise and Customs at Thanjavur. First respondent moved for enlarging him on bail. A learned single Judge of the High Court of Madras passed an order releasing him on bail on executing a bond in a sum of Rs. 10,000/- with two solvent sureties. Appellant (Superintendent of Narcotic Control Bureau, South Zonal Unit, Chennai) has filed this appeal by special leave in challenge of the said order of the Madras High Court.

(3.) Learned single Judge of the High Court did countenance only two points for adopting the exceptional course of granting bail to an accused involved in the offence under NDPS Act. They are:there was prima facie violation of Sec. 52 and there was prima facie non-compliance with Sec. 57 of the Act. Dealing with the former aspect learned single Judge has stated thus: