YASBIR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated passed by 5th Additional Sessions Judge, East Champaran, Motihari in Excise Cae No.41 of 1999. By the said order, the learned court below has rejected the petition filed under Section 227 of the Code of Criminal Procedure for his discharge.

(2.) In the present case, Shri Ansul, learned counsel appearing on behalf of the petitioner, has confined his prayer on the point as to whether in view of chemical report, which was received form the Forensic Science Laboratory, Muzaffarpur indicating that seized substance was not Charas, the prosecution of the petitioner on the charge of carrying Charas could be permissible or not.

(3.) In the present case, the petitioner, who hails from Haryana, was intercepted by the excise official on an allegation that he was carrying Charas. Search and seizure was made in accordance with provisions contained in N.D.P.S. Act and Rules, and thereafter, the sample was sent for its chemical examination to the Forensic Science Laboratory, Muzaffarpur. Thereafter, report of Directot, Forensic Science Laboratory, Muzaffarpur was obtained. The petitioner has brought on record a copy of Forensic Science report, which shows that seized substance were not Charas. This fact has also been noticed by the learned 5th Additional Sessions Judge, Motihari, while passing the impugned order of rejection of discharge petition. The same has also not been disputed by Smt. Indu Bala Pandey, learned Additional Public Prosecutor appearing on behalf of the State.