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Patna High CourtCR. MISC./10613/2016dismissed

Raju Giri v. The State Of Bihar

2016-04-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10613 of 2016 Arising Out of PS.Case No. -30 Year- 2014 Thana -BHAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Raju Giri s/o Late Rajendra Giri, R/v Gahiri Koti, Mathiya Tola, P.S. - Nautan, P.S. - Viktoriya Mission, District - West Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha, Adv For the Opposite Party/s : Mr. Veena Kumari Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2016 The present application has been filed for quashing the order dated 19.12.2014 passed in Bhangaha P.S. Case No. 30 of 2014, NDPS Case No. 23 of 2014 by learned Addl. Sessions Judge-VI, Bettiah, West Champaran whereby the cognizance has been taken under Sections 20, 22, 23, 24, 27(A) and 29 of the NDPS Act.

10 kgs. charas were recovered from the petitioner when the petitioner was apprehended.

Learned counsel for the petitioner submits that grounds with regard to NDPS Act being stringent Act, procedure safeguards with regard to search and seizure have not been followed.

In view of this Court, this is not the proper stage to

Patna High Court Cr.Misc. No.10613 of 2016 (2) dt.01-04-2016 2/2 consider all these things.

Accordingly, the application is dismissed with liberty to raise all the contentions at the time of framing of charge if the charges have already not been framed.

(Dinesh Kumar Singh, J) Amrendra/- U T