LAWS(JHAR)-2013-12-113

SANJIWAN NAG Vs. STATE OF JHARKHAND

Decided On December 03, 2013
Sanjiwan Nag Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard leaned counsel appearing for the petitioners and learned counsel appearing for the State.

(2.) Initially this application was filed for quashing of the FIR of Khunti P.S. Case no.88 of 2011 registered under Sections 17, 18, 20 of the Narcotic Drugs and Psychotropic substance Act. Subsequently, during the pendency of this application, when cognizance of the offence as aforesaid was taken upon submission of the charge sheet, the order dated 1.12.2012 passed in Special Case no.8 of 2011 was challenged to be bad.

(3.) Learned counsel appearing for the petitioners submits that as per the case of the prosecution, when raiding party laid a raid in the houses of these two petitioners, 90 kg. and 44 kg. of poppy seeds (posta) were found stored in the house of petitioners no.1 and 2 respectively which was recovered and a case was registered on the premise that storage of poppy seeds is illegal and thereby a case was registered under Sections 17, 18 and 20 of the Narcotic Drugs and Psychotropic Substance Act.