SATYENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Cr.P.C. has been filed by the petitioner Satyendra Prasad Singh praying therein to quash the entire criminal proceeding including order of cognizance recorded by Addl. Chief Judicial Magistrate, Muzaffarpur dated 16.9.1988 against the petitioner, under Sec. 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 "the Act" in short) in Custom Case No. 25 of 1987.

(2.) IN nutshell, the prosecution case is that on 20.2.1987 some persons on motorcycle were chased by Custom Officials but they fled away leaving behind motorcycle, from search of which three pockets of Nepali Ganja weighing 15 kg. were recovered. It was found that the petitioner was the owner of the motorcycle and was carrying the contraband. The claim of the petitioner is that on 21.2.1987 this petitioner had lodged a case before the Police alleging theft of the aforesaid motorcycle.

(3.) VIDE order dated 6.9.1994 learned Addl. Chief Judicial Magistrate, Muzaffarpur, on receipt of prosecution report, took cognizance of offence under Sec. 20 of the Act against the petitioner and ordered issuance of summons.