IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41083 OF 2009 PRAKASH KUMAR @ AWALI YADAV, SON OF LATE BIRENDRA PRASAD YADAV, RESIDENT OF VILLAGE SAHEBGANJ SAROBAR LANE, POLICE STATION KOTWALI (UNIVERSITY) DISTRICT BHAGALPUR VERSUS THE STATE OF BIHAR *********** 2 11/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 20.10.2009 passed in G.R. Case No. 3 of 2007 (NDPS) by which the 1st Additional Sessions Judge, Bhagalpur has refused to discharge the petitioner for the offences allegedly committed under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution case is that 0.547 gms. of Ganja was recovered from the pocket of the petitioner along with instruments to cut the Ganja and pieces of rope used for burning the Ganja before use. The instruments recovered indicate that the petitioner had kept the Ganja for his own use and was not in the business of peddling narcotics. In the facts of this case, it appears without any doubt that prima facie the Ganja was kept for the own use of the petitioner and therefore, it would be a waste of the Court’s time if a full fledge trial is held only 2 to come to the conclusion that the Ganja which was of a very small quantity was obviously for the personal use of the petitioner. In the peculiar facts of this case, I do not think any useful purpose would be served in allowing the criminal proceeding to continue. In the result, the impugned order dated 20.10.2009 is quashed on the premises that the petitioner accepts that he was carrying the said amount of Ganja for his personal use. This application is allowed. Anand ( Sheema Ali Khan, J.)