IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19074 of 2009 UMESH SINGH @ UMESH PD.SINGH Versus STATE OF BIHAR ----------- 3/ 14.10.2009 Heard counsel for the parties. The total recovery of ganja is to the tune of ten quintals as per description in the FIR and seizure memo. Learned counsel for the petitioner has firstly drawn my attention towards Annexure 3 to submit that the petitioner is mentally unwell and he did not have the knowledge of any article of the kind being stored in his joint family house. It was contended that brother of the petitioner Ajay Singh has been admitted to bail by a bench of this court in Cr. Misc. No. 19408 of 2008. Next contention is that the petitioner is aged about 71 years. As regards Annexure 3, the same has been issued by a doctor who has the degree of BAMS who, to me, does not appear an authority to certify about the mental health of a person. As regards the family being joint, that is not going to absolve the petitioner from the liabilities which have occurred to him for the acts in which he has indulged into. Age, in such an offence, appears to me of no consequence. The petition is dismissed. However, if the petitioner is not keeping well in jail, the jail authorities may get him checked up by a team of doctors and send him to provide treatment to an appropriate hospital. Anil/ (Dharnidhar Jha, J.)