JUDGMENT

Rajendra Babu, J.-The petitioner before us has been charged that on or about 27.7.1998 at Kilapokhari of Balasore Town abetted the commission of the offence by (i) Azad Parvez, (ii) Batu @ Jahid Parvej and (iii) Allauddin Saha @ Sk. Allauddin or was party with them to a criminal conspiracy to commit an offence of possessing and/or sale cannabis ganja and manufactured drugs punishable under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter referred to as the Act ] and thereby committed an offence punishable under Section 20(b) and Section 21 read with Section 29 of the Act within the cognizance of the Special Judge at Balasore.

2. The gist of the case is that a Special Case No. 63 of 1998 was filed in which one Md. Diwan was apprehended by Subrat Kumar Behera, SI of Police and from his possession, as is alleged, 500 gms of ganja was seized for which this Special Case No. 63 of 1998 was instituted and the trial therein was going on in the Court of Special Judge, Balasore. It is alleged that Md. Diwan disclosed before the arresting authority that he works for Azad Parvez who does the business of contraband articles and he knows the place wh