IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10284 of 2008 LALAN SINHA @ LALAN SINGH, SON OF LATE JAY PRAKESH SINHA, RESIDENT OF VILLAGE – MUNJHARA, P.S. – GOH, DISTRICT – AURANGABAD ……………… PETITONER. Versus THE STATE OF BIHAR ………………. OPP. PARTY. ----------- 02/ 18.05.2010 Heard learned counsel for the parties. This is a petition for quashing the FIR and the entire proceeding under Section 20 and 22 of the NDPS Act. Learned counsel for the petitioner submits that the prosecution was launched by filing an FIR for offence under Section 20 and 22 alleging therein that the petitioner is producing Ganja plant and leaves and flowery shoots of Ganja was found which was seized. Learned counsel for the petitioner submits that the report has been received wherein, it has been reported that the Ganja is the flowering shoots of female cannabis sativa plant containing a higher percentage of T.H.C as its chief intoxicating ingredient where as the leaves and small stems of male or female cannabis plant containing a trace of T.H.C is known as Bhang and in the absence of flowering shoots attached with the plants it was not possible to ascertain whether the above described plants are portion of female cannabis plant (Ganja Plant) or not.. Further the chief intoxicating ingredient where as the leaves and small stems of male or female cannabis plant containing a trace of T.H.C is known as Bhang Learned counsel for the petitioner submits that in view 2 the FSL report does not say that is a Ganja as there was no trace of flowering shoots attached with the plants and therefore, it was not possible to ascertain whether the above described plants are portion of female cannabis plant (Ganja Plant ) or nor. Hence, containeded that the report of the FSL does not suggest that the article was Ganja. Learned counsel for the petitioner submits that the cognizance has been taken even without considering the report. Learned counsel for the petitioner submits that the said report of the FSL has been received after taking cognizance. Having regard to the facts and circumstance, that since the cognizance has taken and report has been received and a cognizance may be taken in the case even in the absence of the FSL report, the order impugned need not be interfered with. The petition is dismissed. However, the petitioner may raise the point at the stage of charge or may file a petition for discharge. If a petition for discharge filed is then the learned lower court shall consider it in the light of the report sent by the FSL and pass the order in accordance with law. Kundan ( Gopal Prasad, J.)