JUDGMENT :

S.K. Sahoo, J.

The petitioners Asim Kumar Das and Kulu Kumbhar have filed this application under section 439 of Cr.P.C. in connection with Dhama P.S. Case No. 50 of 2017 corresponding to T.R. Case No. 31 of 2017 pending in the Court of learned Sessions Judge-cum-Judge, Special Court, Sambalpur for commission of offence under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter ‘N.D.P.S. Act’).

2. The prosecution case, in short, is that while the informant Rasmibala Sethi, S.I. of police, Dhama police station along with other police officials were performing duty on 30.03.2017 at about 6.00 a.m. on S.H. 15 near College Chowk, Dhama, they found one car came from Sonepur side towards Sambalpur side in a high speed. When the police party signalled the car to stop, the driver of the car stopped the car but opening the door of the car, he ran away towards the nearby jungle. Though the police staff chased to apprehend the driver but they failed in their attempt. Two persons were found inside the car which was bearing registration no. OR-14-X-0931. Though those two persons also tried to escape but they were detained and they disclosed their na