P M ASHRAF Vs. SENIOR INTELLIGENCE OFFICER

JUDGEMENT

(1.) The petitioner is the accused in OR No. 2 of 2010 on the file of the Directorate of Revenue Intelligence, Calicut, for the offence under 21(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act'). The petitioner seeks bail in this Bail Application filed under S.439 of the Code of Criminal Procedure.

(2.) The prosecution case is the following: The Intelligence Officer, DRI, Calicut, got specific information at 16.20 hours on 24/12/2010 that a person aged about 40 years, with slight limp while walking, would be present near the main ticket counter of Calicut Railway Station at about 5 P.M. with 500 grams of heroin in his possession, for the purpose of carrying the same to Kuttippuram. The Intelligence Officer reduced the information in writing and transmitted the same to the Senior Intelligence Officer, DRI Regional Unit, Calicut. The officers of the Directorate of Revenue Intelligence proceeded to the spot. Two persons available there were requested to be the witnesses. Within a short time, the person with the given description arrived at the spot carrying a plastic bag. The Senior Intelligence Officer intercepted the person. On formal questioning, he revealed his name and identity. After complying with the procedural formalities, the officers of the DRI examined the plastic bag in the possession of the petitioner. They found a brown coloured powder kept in the bag. The officers of DRI felt that it was not convenient to conduct further detailed examination at the Railway Station premises. Therefore, the petitioner was taken to the DRI Regional Office situated at a distance of half a kilometer. The plastic bag was kept with the petitioner and the petitioner was also taken alongwith the DRI officials. After reaching the DRI Regional Office, the plastic cover was opened in the presence of witnesses, examined the contents in the bag, tested the contents with the help of Field Testing Kit, weighed the substance and samples were taken.

(3.) The statement of the petitioner was taken under S.67 of the NDPS Act. On his arrest, he was produced before Court and he was remanded to judicial custody.