IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40109 OF 2009 MADAN SINGH, SON OF LATE GORAKH SINGH, RESIDENT OF VILLAGE MADHOPUR, POLICE STATION DURGAWATI, DISTRICT KAIMUR AT BHABUA VERSUS THE STATE OF BIHAR ******** 2 04/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioner submits that the charges have been wrongly framed. It should have been framed under Section 20 B of the Narcotic Drugs and Psychotropic Substances Act, 1985. An application to this effect was also filed before the Court below. The 1st Additional Sessions Judge, Bhabhua has rejected the prayer of the petitioner on the ground that it has been made to delay the trial. It would have been much easier for the 1st Additional Sessions Judge, Bhabhua to have passed an order rejecting or accepting the claim of the petitioner in accordance with the merits of the case. I, thus, direct the 1st Additional Sessions Judge, Bhabhua to pass an order within a period of one week from the date of receipt of a copy of this order. Let a copy of this order be communicated to the 1st Additional Sessions Judge, Bhabhua through 2 fax in connection with Durgawati Police Station Case No. 66 of 2004 at the cost of the petitioner. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)