SAMI ULLAHA Vs. NARCOTIC CENTRAL BUREAU

JUDGEMENT

(1.) HEARD Learned Counsel for the parties.

(2.) THE accused -petitioners have preferred this criminal revision petition under Section 397 of the Code of Criminal Procedure challenging the impugned order dated 15th March, 2005, passed by the Special Judge, Narcotic Drugs and Psychotropic Substances cases, Jaipur, whereby an application filed by the Public Prosecutor/complainant under Section 439(2) of the Code of Criminal Procedure (for short, 'Cr.P.C.') read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, 'the Act of 1985') for cancellation of order dated 25th September, 2004 granting bail to the petitioners, was allowed and the petitioners were directed to surrender themselves before the trial court within a period of seven days.

(3.) THE Central Narcotic Bureau, Jaipur, moved an application in the trial court under Section 169 of the Cr.P.C. read with Sections 8/21 and 8/29 of the Act of 1985 stating therein that the contraband Heroin weighing two kilogram was recovered from the accused - persons Abdul Munaf and Zahid Hussein and Case No. 1/2004 was registered. The notice under Section 67 of the Act of 1985 was issued to all the three accused -persons, wherein they confirmed about Heroin weighing two kilogram. The independent witnesses also confirmed seizure of two kilogram Heroin. The accused - persons were arrested. The Forensic Science Laboratory, Neemuch, has given negative report, therefore, it was necessary to send another sample for chemical examination to Forensic Science Laboratory i.e. C.R.C.L., New Delhi.