THE STATE OF BIHAR v. POLICE STATION KESHARIA, DISTRICT EAST CHAMPARAN

THE STATE OF BIHAR 2. MR. SHRI PRAKASH SINGH, A.S.I., RESIDENT OF VILLAGE KARHAN, VERSUS POLICE STATION KESHARIA, DISTRICT EAST CHAMPARAN ……………………………………………………………………OPPOSITE PARTIES ******** 4 07/04/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 06.10.2007 passed in NDPS Case No. 06 of 2006, arising out of Tajpur (Waini) Police Station Case No. 353 of 2005 by which the 1st Additional Sessions Judge, Samastipur has refused to discharge the petitioners. The ground raised on behalf of petitioners is that the petitioners have been named by the person who was caught with the contraband narcotics as the main person who run the business of supply of GANJA. Learned Counsel for the petitioners submits that since no recovery was made from the petitioners, they cannot be held guilty for the offences under Section 2 20 & 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It is further submitted that Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 which is mandatory provision has not been followed in this case. All these facts can be raised at the time of the trial of the case. At this stage, this court is not inclined to interfere with the order rejecting the discharge application. This application is thus dismissed. Anand ( Sheema Ali Khan, J.)