IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33053 of 2008 RAISA MALIN Versus STATE OF BIHAR With Cr. Misc. No.33027 of 2008 Sheikh Aslam @ Tinku Versus State of Bihar ------- 4. 6.1.2009 None appears on behalf of the petitioner Raisa Malin. I have heard Mr. Ashok Kumar, learned counsel for the petitioner appearing on behalf of petitioner Sheikh Aslam @ Tinku. Recovery is said to be 6 kg. of a substance, which was assumed to be Heroine, from the house of the petitioner Sheikh Aslam @ Tinku. The total recovery is 20 kg. of the substance from the entire household. Petitioner Raisa Malin was very much present in the house. The contention is that after chemical analysis the recovered articles were not reported to be Heroine and, as such, allegation appears baseless. Besides, the contention is that the accused persons are in custody for over four years. It is true that the analysis of the seized substance was not found contained any trace of Heroine but it is indicated that Codein, which is also a narcotic substance, was traced in the sample, considering which the two petitions are dismissed. Learned Special Judge, who could be hearing Sasaram (T) P. S. Case no.314 of 2004, shall keep in mind the observation of this Court which was recorded while dismissing the prayer for bail of Md. Wakil and act as per the observation made in - 2 - Miscellaneous Petition no.30195 of 2008. sudip ( Dharnidhar Jha,J )