KISHORE KUMAR PRASAD, J.

The petitioner-accused Promodh Jha residing at village Absar within the limits of Washaliganj, Dist-Nowda, Bihar has filed this application for bail u/s 439 of Cr.P.C. in connection with T.R. Case No.20/2007 arising out of Bally P.S. case no.216/07 dated 6.8.07 u/s 20(b)(ii) of the N.D.P.S Act, pending before Judge, Special Court under N.D.P.S. Act, Howrah (A.D.J., 3rd Court, Howrah).

As per prosecution version, 100 Kgs. Of ‘Bhang’ in four gunny bags was recovered from the possession of the petitioner-accused on 6.8.07 at about 12.35 hrs. near Bamurdanga Bridge within the limits of Bally police station when he was travelling in a bus bearing no.WB-73-9297 styled as ‘Sangita’ from Dunkuni side on N.H.2 (Delhi Road). For that recovery, the petitioner along with three others namely the two drivers of the bus and the manager/conductor of the bus, all residing in different districts of Bihar, was charge-sheeted for the offence punishable u/s 20(b)(ii) of the N.D.P.S. Act for possessing, selling, transporting, importing inter-state and using of Bhang in contravention of the provision of the Act.

Counsel for the petitioner at the very outset raised the con