IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36197 of 2009 CHHOTE LAL RAI, son of Nandlal Rai, Mohalla Mithapur, Gaya Line, PS Jakkanpur, Patna and at present residing in the house of Jagjivan Singh, Sharda Colony, Chitkohra, Ps Gardanibagh, District Patna. Versus STATE OF BIHAR 3 30.11.2009 This application has been filed challenging the order, dated 23.7.2009 passed by the Additional Sessions Judge VI, Patna in Special Case No. 26/2006 by which the petition filed by the petitioner to recall the Judicial Magistrate (now posted at Siwan) to be cross examined has been rejected on the ground that the petitioner had the opportunity to cross examine him during the trial. The grounds taken by the petitioner is that the Judicial Magistrate has stated that three copies of the report with respect to the seized goods was prepared and certified by the concerned authority, which in this case is a Judicial Magistrate. It is contended that the Directorate of Revenue Intelligence, Regional Unit, Patna in Cr. Misc. No. 29959/2007 had filed an affidavit enclosing the certification made by Sri P.C. Anal, Judicial Magistrate, Patna which describes the goods as “Bhang” whereas the same report has been produced during the trial showing the seized material to be “Ganja”. The petitioner had ample opportunity to bring it to the notice of the court or the Judicial Magistrate with respect to the difference in the report. In my opinion the petitioner would be at liberty to examine the person who swore the affidavit in the High Court. Further the petitioner would have the opportunity to raise whatever defence he 2 wishes to take at the time of argument or to prove any material at appropriate stage. In my opinion I do not think it proper that this matter should be lingered or the Judicial Magistrate should be recalled for the purposes aforesaid, specially in view of the fact that this court by order, dated 9.7.2008 passed in Cr. Misc. No. 29959/2007 has already directed the court below to take up the trial on day to day basis. This application is, thus, dismissed. haque (Sheema Ali Khan, J.)