CRIMINAL MISCELLANIOUS No.9522 OF 2000 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure,1973. ---- YASBIR SINGH S/O LSHRI LCHANDRA BHAN SINGH OF LATBUR P.S. JHAJHAR, DISTRICT JHAJHAR (HARIYANA). ... ... PETITIONER. Versus THE STATE OF BIHAR ... OPPOSITE PARTY. ---- For the Petitioner : Mr. Ansul, Adv. For the State : Mrs.Indu Bala Pandey, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated passed by 5th Additional Sessions Judge, East Champaran, Motihari in Excise Cae No.41 of 1999. By the said order, the learned court below has rejected the petition filed under Section 227 of the Code of Criminal Procedure for his discharge. 2. In the present case, Shri Ansul, 2 learned counsel appearing on behalf of the petitioner, has confined his prayer on the point as to whether in view of chemical report, which was received form the Forensic Science Laboratory, Muzaffarpur indicating that seized substance was not Charas, the prosecution of the petitioner on the charge of carrying Charas could be permissible or not. 3. In the present case, the petitioner, who hails from Haryana, was intercepted by the excise official on an allegation that he was carrying Charas. Search and seizure was made in accordance with provisions contained in N.D.P.S. Act and Rules, and thereafter, the sample was sent for its chemical examination to the Forensic Science Laboratory, Muzaffarpur. Thereafter, report of Directot, Forensic Science Laboratory, Muzaffarpur was obtained. The petitioner has brought on record a copy of Forensic Science report, which shows that seized substance were not Charas. This fact 3 has also been noticed by the learned 5th Additional Sessions Judge, Motihari, while passing the impugned order of rejection of discharge petition. The same has also not been disputed by Smt. Indu Bala Pandey, learned Additional Public Prosecutor appearing on behalf of the State. 4. Without going into the detail of the case, the present petition is being disposed of on the sole question as to whether the petitioner can be put on trial in a case where chemical report itself shows that seized substance was not Charas. The basis of prosecution of petitioner was that he was carrying Charas and same has not been found as Charas by the expert i.e. Forensic Science Laboratory, Muzaffarpur, which has not been disputed either at the time of hearing of the petition for discharge or before this Court. Accordingly, on the basis of finding of the Forensic Science Laboratory, there would be no purpose to direct the petitioner to 4 participate in the proceeding on the charge of carrying Charas. 5. Accordingly, the order impugned dated 14.2.2000 passed by 5th Additional Sessions Judge, East Champaran, Motihari in Excise Case No.41 of 1999 is hereby set aside and petition stands allowed. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 21.7.2010 N.A.F.R./N.H.