Siya Saran Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.15204 of 2013 (3) dt.23-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15204 of 2013 Arising Out of PS.Case No. -247 Year- 2011 Thana -GHOSI District- JEHANABAD ======================================================

1. Siya Saran Sharma S/O Late Shiv Nandan Sharma R/O Village - Ismailpur, P.S. Ghoshi, District - Jehanabad .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks quashing of the order dated 07.02.2013 passed by Distt. & Sessions Judge, Jehanabad in N.D.P.S. Case No. 13/11 arising out of Ghoshi P.S. Case No. 247 of 2011 under Sections 20 and 22 of the N.D.P.S. Act, by which the petition of the petitioner has been rejected for release of the seized money amounting to Rs. 20,320/- (Rs. Twenty thousand three hundred and twenty only).

It has been submitted by the learned counsel for the petitioner that the money which was kept in the house was for his medical treatment as he is an old man and it does not justify for keeping the said money in possession of the court.

Patna High Court Cr.Misc. No.15204 of 2013 (3) dt.23-07-2015 The court below is directed to release the seized amount of Rs. 20,320/- in favour of the petitioner in connection with N.D.P.S. No. 13/2011 arising out of Ghoshi P.S. Case No. 247/11 pending in the Court of Sessions Judge, Jehanabad on being satisfied with the medical documents produced by the petitioner. This application is accordingly disposed off. (Nilu Agrawal, J) sushma/- U T