IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23925 of 1998 SACCHIDANAND SHARMA, son of Shri Baka Sharma of village Timenri, P.S. Masaurhi, District- Patna ... ... petitioner Versus 1. THE STATE OF BIHAR 2. Sessions Judge, Bhojpur, Arrah ... .. opposite parties ----------- For the petitioner: Mr. Yogesh Chandra Verma, Sr. Advocate For the State: Lala Kailash Bihari Prasad, Sr. Advocate --------- 5 21-04-2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner at the relevant time was Sub Inspector of Excise. He is aggrieved by a part of order dated 7-8-1998 passed in N.D.P.S. case No. 37 of 1998 by the Sessions Judge, Bhojpur, Arrah whereby he has been held guilty and sentenced to pay a fine of Rs. 10,000/- under the provisions of Contempt of Courts Act. There is merit in the submission advanced by learned counsel for the petitioner that as a Subordinate Court the learned District Judge-cum- Special Judge, N.D.P.S., Bhojpur, Arrah could only make a reference to this court for initiating the contempt proceeding and could not have himself tried and convicted the petitioner under the Contempt of Courts Act. Accordingly, the conviction and punishment of fine of Rs. 10,000/- passed against the petitioner are set aside and to that extent this application is allowed. BKS/- (Shiva Kirti Singh, J.)