IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33263 of 2009 SHIV BALAK SAH @ MADAN SAH . Versus STATE OF BIHAR & ANR . ----------- 6/ 16/03/2010 Heard learned counsel for the petitioner and learned counsel for the Union of India . This Court had earlier called for the forensic report of the allegedly sealed narcotics. It appears that it escaped attention that the allegations themselves were made after chemical and forensic analysis of the seized items. The submission is that despite custody since 24.7.2008 cognizance has not been taken. The allegations are of large amount of 266 k.g’s. of Narcotics. The application is rejected. The District Judge, East Champaran at Motihari is requested to ensure that the trial is entrusted to a functioning court, so that it be expedited and the issue of cognizance be considered appropriately at the earliest, preferably within a maximum period of three months from the date of receipt/production of a copy of this order. This shall be without prejudice to the rights of the petitioner thereafter in accordance with law. KC/ ( Navin Sinha, J.)