IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19364 of 2009 1. Kokil Thakur, son of Late Ganpat Thakur, village Laxman Nagar, PS Gaighat, district Muzaffarpur. 2. Chandan Kumar Mandal, son of Late Shashi Prasad Mandal, village Manikpur, PS Simaraha (Renugaon), district Araria – petitioners. Vs. The State of Bihar. For the petitioners : Mr. Ravi Ranjan and Mr. Amir Alam, Advocates. For the State : Mr. Jharkhandi Upadhyay, A. P. P. 4 9.3.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 2.12.2008 passed by the Special Judge, N.D.P.S. Act, Katihar in G.R. No. 78/2006 by which differing with the police report cognizance has been taken under section 20B of the N.D.P.S. Act. The occurrence took place in the night of 6/7.5.2006 wherein it is alleged that Raghubans Kumar Sandilya, Chandan Mandal and Kokil Thakur recovered 20 kgs. of Ganja from Brahmputra Mail and instead of depositing the recovered Ganja in the police station, kept it in the room of accused Raghubans Kumar Sandilya. Seizure was made from the room of Raghubans Kumar Sandilya and thereafter the case was instituted. It is alleged that these petitioners have indulged in business of selling Ganja. Counsel for the petitioners submits that apart from the final report that was submitted against the petitioners, the petitioners also faced departmental proceeding in which they were exonerated and as such there is insufficient material to indicate that petitioners were involved in retaining the Ganja. 2 It is well settled that the para meters of conducting departmental proceeding and the para meters of conducting criminal trial are distinct and different and as such it cannot be said that petitioners being exonerated from the departmental proceeding are also to be exonerated in the criminal proceeding. The involvement of the petitioners with respect to retaining the Ganja seized from the train can only be decided at the stage of framing of charge or in a ful- fledged trial. This application is dismissed. haque (Sheema Ali Khan, J.)