MEMORANDUM AND ORDER
GESELL, District Judge.
Defendant is charged with possession of heroin and narcotics paraphernalia in violation of 21 U.S.C. § 174 and 26 U.S. C. § 4704 (a). He has moved to suppress the physical evidence seized pursuant to Magistrate's Search Warrant No. D11-448-71CR, on the grounds that the warrant was executed in the nighttime in violation of 23 D.C.Code § 523(b), which reads as follows:
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