Randhir Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.11351 of 2015 dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11351 of 2015 Arising Out of PS.Case No. -422 Year- 2014 Thana -FATUHA District- PATNA ===========================================================

1. Randhir Kumar son of Arjun mahto resident of village - Terasiya, P.s. -Ganga Bridge, District- Vaishali.

... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 02-07-2015 The petitioner seeks quashing of the order dated 28.01.2015 by which the Judicial Magistrate 1st Class Patna in Fatuha P.S. Case No. 422 of 2014 has refused to release the seized articles. The petitioner submits that the seized articles were 'Bhang' and therefore, did not come within the provisions of narcotics drugs and it should be released.

However, from the impugned order, I find that the materials have been sent to the Forensic Science Laboratory and there is no report as yet as to whether it is 'Bhang' or some other material.. Hence the application is disposed off with liberty to the petitioner to approach the relevant court after receipt of the FSL report. (Anjana Prakash, J) Prakash/- U T