IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.998 of 2011
1. Md. Raza, son of Md. Nizamuddin
2. Md. Inamul son of Md. Ekram
Both residents of village- Bari Dhankar,
police Station- Sabour in the district of
Bhagalpur.
... Petitioners.
Versus
The State Of Bihar ... Opp. Party.
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For the petitioners :Mr. Akhileshwar Pd. Sinha,
Sr. Adv.
:Mr. Anita Kumari Singh, Adv.
For the State :Mrs. Indu Bala Pandey, APP
2. 14.11.2011 The accused- petitioners have
preferred this revision application against the
order dated 12.7.2011 passed by the 1st
Additional Sessions Judge, Bhagalpur in
Mojahidpur (Babarganj) P. S. Case No. 128 of
2010, G. R. No. 2311 A of 2010 by which the
petition to discharge them from the offence
punishable under Sections 20/22 of the N.D.P.S.
Act has been rejected.
The prosecution case, in brief, is
that on 21.8.2010 after getting information
that hue quantity of ganja is available in the
Mill Premises of Lale Sah @ Mani Kant Sah in
Gulab Bigha Mohalla, the S. I. Rajesh Kumar
with the police party went there and in
presence of the witnesses, the premises was
searched and 40 packets containing 10 kg of
Ganja each being total quantity of 147 kg. was
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recovered. Accused Nawal Sah failed to produce
any documents regarding the possession of the
same and a case was registered under Section
20/22 of the N.D.P.S. Act. During investigation
it appears that the petitioners were indulged
in this illegal possession of ganja in the
premises of the mill of co-accused Nawal Sah.
Accordingly, the charge-sheet was submitted.
Cognizance was taken and the case was
transferred to the Court of 1st Additional
Sessions Judge for trial where a petition dated
10.6.2011 filed on behalf of the accused-
petitioners under Section 227 Cr.P.C. for their
discharge has been rejected by the learned
trial Court.
The main contention of learned counsel for the petitioners is that the petitioners have been falsely implicated in
this case at the instance of the main accused
Nawal Sah which can be said to be a defence
version of Nawal Sah. After much delay, the
witnesses have stated that the petitioners have
taken premises of rice mill for business of
Dalada and coconut oil from where the ganja has
been recovered. Neither the seizure witnesses
nor co-accused Nawal Sah has stated anything in
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their statement.
Learned counsel for the State submits
that during investigation independent witnesses
have stated that paddy mill of accused Nawal
Sah was closed and one of the rooms of paddy
mill had been let out to the petitioners for
the business of coconut oil and dalada, from
that let out room ganja has been recovered.
Learned counsel for the State has referred to
several paragraph of the case-diary including
paragraph nos. 58, 59, 60, 36 and 37 of the
case- diary to show the involvement of the
petitioners in this offence. She has further
submitted that rice mill was closed and to meet
the household expenses the godown of the mill
was given to the accused Md. Raza prior to a
few months from the date of occurrence on the
basis of a Kirayanama and since that date it
was in possession of accused Md. Raza and his
companions co-accused Inamul @ Nihal for the
trade of coconut oil and the godown was under
lock of the petitioners.
After hearing learned counsel for
both the parties and on perusal of the impugned
order, it appears that learned Additional
Sessions Judge has considered the material
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available in the case-diary and has found
sufficient material on record for framing
charge against the petitioners.
Considering the facts and
circumstances stated above, I do not find any
ground to interfere with the impugned order.
This petition is dismissed.
Kanchan (Amaresh Kumar Lal, J.)