ORDER :

1. The accused in Special Case (NDPS) No.220/2020 on the file of Principal District and Sessions Judge, Bidar has approached this Court under Section 439 of Criminal Procedure Code, 1973 (for short 'Cr.PC.') seeking grant of regular bail.

2. Brief facts which are necessary for the disposal of this petition are as under:

The Excise Sub-Inspector, Aurad Range, Aurad intercepted a lorry bearing No.HP-19/B-2187 on a credible information that opium is being transported in the said lorry on 29.12.2019 at about 3.45 p.m. in Vanamarpalli check post on the road from Degalur to Aurad. On search of the said lorry, raid party found five plastic bags containing opium of one kilogram each. They have seized the opium as the driver of the lorry pleaded ignorance and did not posses any licence to transport the same. Thereafter, they took 200 grams of opium from each of the bag for the purpose of sample and drawn a mahazar. They arrested the driver of the lorry and lodged a report with Excise Aurad-B Range Police Station. The accused/petitioner approached the District Court for grant of regular bail which was rejected by the learned Special Judge by order dated 15.12.2020.

3. The learned counsel