IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27958 of 2009 Md.Attiullah, S/O-Md. Gafoor, R/O-Village-Kathmaliya, P.S.-Chiraiya, District-East Champaran ……….Petitioner Versus The State Of Bihar ………….O.P. ---------------------------------- For the Petitioner :- Mr. Ravindra Kumar For the State :- Mr. U.S. Prasad Singh (A.P.P.) 02 18.08.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks quashing of cognizance order dated 23.09.2008 and entire criminal prosecution of Motihari Town P.S. Case No. 294 of 2008 corresponding to N.D.P.S. Case No. 92 of 2008 on the ground that mandatory provisions of the N.D.P.S. Act have not been complied with. It is contended by learned counsel for the petitioner that Section 50 of the N.D.P.S. Act has not been complied with in the above stated case and non-compliance of Section 50 and other mandatory provisions of the N.D.P.S. Act render the entire prosecution illegal. In my view, the petitioner may raise the aforesaid points at the time of trial and this is not proper stage to consider this fact as to whether the mandatory provisions of N.D.P.S. Act have been complied with in this case or not. Accordingly, this criminal miscellaneous case is, hereby, dismissed with a liberty to petitioner to raise all the aforesaid points at the time of trial. Let this order be communicated to the court of - 2 - Additional Sessions Judge-I, Motihari in connection with Motihari Town P.S. Case No. 294 of 2008 arising out of N.D.P.S. Case No. 92 of 2008. Shahzad (Hemant Kumar Srivastava, J)