IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31446 of 2010 CHANDAN KUMAR MANDAL & ANR Versus STATE OF BIHAR ----------- 2. 25.8.2010. Heard. The material which has been used for summoning the petitioners and which has also been used for framing of the charge by the learned Sessions Judge, Katihar in G.R.Case No.78 of 2006 is recorded in the FIR itself as to how the two bags full of ganja was brought into the possession of the accused persons. A Supreme Court decision has been cited before me which is reported in 2002(3)PLJR SC 216 to submit that the Supreme Court has excluded such evidence by virtue of Section 42(1)of the NDPS Act. The provisions of NDPS Act which could be said to be mandatory in most of their parts are meant to be complied with and their non-compliance only render the evidence inadmissible. For summoning purposes no material, of the value of being evidence, has to be considered, they are to be simple materials to be noticed for passing a summoning order even if they raise a grave doubt about the commission of any offence by the accused. That being the position, I do not find any merit in the present petition. The same is dismissed. B.Kr. ( Dharnidhar Jha, J.)