VIJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned senior counsel for the petitioner and the learned A.P.P. for the State.

(2.) PETITIONER is seeking quashing of the impugned order dated 27.1.2009 passed by the learned Sessions Judge, Bhohpur at Ara in N.D. Case No. 21 of 1991, which arises out of Ara Town P.S. Case No. 112 of 1991. By virtue of the impugned order the learned Sessions Judge has rejected a petition of the petitioner and he has taken cognizance of offences under Sections 8 -C, 21, 27 -A and 29 of the N.D.P.S. Act against all the accused persons including the present petitioner. Short facts are that on a confidential information received by the Sub -Inspector, namely, Raj Narayan Bhagat, he alongwith A.S.I. Ashok Giri and the police party reached one Arvind Hotel and carried out a search of the room No. 7. The search led to seizure of 6 kg. ganza which was hidden under the bed and many persons were present in the room including the present petitioner. One of the persons, namely, Marani Devi made a statement that she alongwith Rekha Kumari and Dhruv Singh were engaged in the business of smuggling of ganza from Village -Masarh. The hotel in question was a transit point and the present petitioner who happens to be the owner of the said Arvind Hotel and the Manager of the hotel always cooperated and facilitated the said activity. On the basis of the said seizure and statement the FIR. came to be registered and the matter was further investigated.

(3.) ON completion of investigation charge -sheet came to be submitted against all the accused persons on 16.7.1991 but for some reason no Cognizance of the offences was taken for many a years till the impugned order in question came to be passed. This has given the cause of action for the petitioner to challenge the said action in the present application.