SATTAR MIAN AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mahesh Kumar Sinha, learned counsel for the petitioner and Mr. T.N. Verma learned counsel for the State.

(2.) In this application, the petitioner has prayed for quashing the order dated 19.10.2012 passed by the learned Principal Sessions Judge, Latehar in N.D.P.S. Case No. 15 of 2010, whereby and where under the cognizance was taken for the offence punishable under Sections 15,18,22 and 27 of the N.D.P.S. Act.

(3.) It appears that a first information report was instituted with the allegation that in village Shibla in course of raid, three acres of land were found cultivated with Posta (Afim) and the named accused persons had been seen cultivating the same for the purpose of sale. It has been stated that 100 pieces of plants were seized for the purpose of its verification. It has further been alleged that raiding party reached village Jhitar Koma and 2 acres of land cultivated with Posta were found and on enquiry, it was found that named accused persons have cultivated the same for the purpose of sale. On the basis of the aforesaid allegations, the prosecution had instituted a case against the petitioners.