IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.1101 OF 2010 RAM PRAVESH RAY, SON OF SHRI KAMAL RAY, RESIDENT OF JAGDISHPUR, POLICE STATION RAGHOPUR, DISTRICT VAISHALI AND AS PER THE FIR RESIDENT OF VILLAGE JETHULI, POLICE STATION FATUHA, DISTRICT PATNA VERSUS THE STATE OF BIHAR ********* 2 24/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this case for quashing of the First Information Report of Fatuha Police Station Case No. 192 of 2008 under Section 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 wherein it has been stated that 7 kgs. of Ganja was recovered from the GOSALA of the petitioner. Learned Counsel for the petitioner submits that earlier Khusrupur Police Station Case No. 95 of 2008 was filed in which Sub-Inspector of Police conducted a search on a bus and on searching the person of Rama Shankar, he found that he was carrying Ganja. The occurrence is said to have taken place on 22.07.2008. Rama Shankar is said to have told the Sub- Inspector of Police that he had purchased the alleged Ganja from the present petitioner. This fact finds mention in the First Information Report as well as in the case diary of Khusrupur Police Station Case No. 95 of 2 2008. The present case has been filed in which a search was conducted and 7 kgs. of Ganja was recovered from the cow-shed of the petitioner. Learned Counsel for the petitioner submits that the cow-shed was let out to one Bittu Rai and, therefore, it cannot be said that the recovery was made from the petitioner. He further submits that he cannot be made accused in two cases of the same nature. In the present case, there is a direct allegation that the recovery was made from the petitioner and in the earlier case i.e. Khusrupur Police Station Case No. 95 of 2008, the allegation is based on the confessional statement of the main accused of that case. The facts of both the cases are different and as such I do not think that the First Information Report has wrongly been instituted. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)