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Judgment
Heard the parties.
The present petition has been filed for quashing the order of cognizance dated 04.09.2018, passed in connection with N. D. P. S. Case No.-11/2018 arising out of Baliya P. S. Case no.-143/2018 (G.R. no.-2161/18) through which learned Sessions Judge, Begusarai took cognizance for the offences punishable Under Sections 8, 20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act against the all charge-sheeted accused persons including this petitioner and also to transfer the case in the Court of Additional Sessions Judge, 1st cum Special Judge, N.D.P.S. Act, Begusarai.
The petitioner is named in the FIR along with other co-accused persons, where the recovery of total of 1,209 quintal of ganja was made.
It is submitted by learned counsel appearing for the petitioner that though the petitioner was named in FIR, but no incriminating material recovered from his conscious physical possession and furthermore the compliance of Section 50 also not appears made in this case. It is submitted that seizure list also appears disputed. It is pointed out that only one mobile set and Rs. 70,000-/ was recovered from the possession of this petitioner during the raid and on the basis of same it cannot be said that petitioner was in possession of huge quantity of ganja as alleged.
Learned APP while opposing the quashing petition submitted that petitioner was named in FIR and, as per FIR, he came to the line hotel to collect the consignment for further distribution/selling. It is submitted that after the investigation, police submitted charge-sheet against this petitioner whereafter, the cognizance was taken by the learned Judicial Magistrate vide reasoned order dated 04.09.2018, which cannot be viewed with doubt for any of the reasons.
Considering aforesaid as the petitioner is named in FIR and, after investigation, police submitted charge-sheet against petitioner, whereas the allegation as raised through FIR is sufficient to suggest that petitioner was under culpable mental state within Section 35 of the NDPS Act qua possession of huge recovered ganja and furthermore, the disputes as raised by the petitioner through present petition is related with factual aspects of the case qua search, sealing and seizure, and the veracity of the same can be ascertained during the trial only, accordingly, the present petition is devoid of any merit and, therefore, the same stands dismissed.
Let the copy of the judgment be sent to learned trial court forthwith, with TCR, if any.