R.S. Chauhan, J.-Accused of having committing an offence under Narcotics Drugs and Psychotropic Substance Act, 1985 (henceforth to be referred as the NDPS Act in short), the petitioner has challenged the cognizance order dated 13.09.2005 passed by the Special Judge (NDPS Act Cases), Chabra, Distt. Baran.

2. The brief facts of the case are that on 07.07.2005, the SHO Shri Sudhir Kumar Yadav P.S. Harnoda Sahaji, Distt. Baran, submitted a report wherein he stated that while he and his police party were out on inspection in Taragarh valley, they saw two persons walking with plastic white bags. When these two persons saw the Police Jeep, they started running, therefore, the police chased them. Constable, Dharmendra Singh, caught one of the men, who revealed his name as Vinod Kumar. Since Vinod Kumar did not know the name of the other person, he could not reveal the same to the police. When the said plastic bag was searched, it contained almost 4 kgs. of Opium including the weight of plastic bag. Since, Vinod Kumar could not show any license, therefore, the police registered a case for offence under Section 8/18 of the NDPS Act. Subsequently, the investigation was handed over to