IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22567 of 2008 1. BINOD DAS SON OF SRI RAGHUNANDAN DAS, RESIDENT OF VILLAGE – CHANDRAGRAH, P.S. NABINAGAR, DISTT. AURANGABAD. 2. BASANT KUMAR @ BASANT REVI SON OF KARAMDEO RAM, RESIDENT OF VILLAGE MIRZAPUR, ANKARAHA RAILWAY STATION, P.S. RABINAGAR, DISTT. AURANGABAD AT PRESENT SHAHPUR, POST OFFICE, P.S. AND DISTT. AURANGABAD. ---- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. UNION OF INDIA THROUGH THE DEPUTY COMMISSIONER, CUSTOM (P) DIVISION, MOTIHARI ------ OPPOSITE PARTIES. For the petitioners : Mr. Bindhyakeshri Kumar, Sr. Adv. Mr. Nagendra Pd. Yadav, Adv. For the Union of India : Mr. D. Surendra, C.G.C. ----------- 2. 25.4.2011 Heard. The petitioners have sought quashing of the order dated 13.5.2008 passed by the 5th Additional Sessions Judge, Motihari, East Champaran, in N.D.P.S. case No. 74 of 2003 by which it has refused to discharge the petitioner. It has been submitted that the truck of the petitioner No. 1 of which the petitioner No. 2 was a driver had been intercepted by the Customs Department and from the same, 260 Kg. Ganja was recovered. The petitioners have sought discharge on the ground that they were not arrested along with truck or incriminating Ganja and, therefore, no offence whatsoever is made out against them. The further submission is that final report was submitted in their regard. On going through the final report, I find that the petitioners were exonerated for the simple reason that they 2 were not arrested by the Investigating Agency. Since the fact that the truck had been snatched away by the miscreants and, thereafter the incriminating Ganja was found on the same are disputed questions of fact which can only be adjudicated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. The Trial Court shall however take pains to conclude the trial within a certain outer limit. S.Ali ( Anjana Prakash, J.)