IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26605 of 2008 RAJESH KUMAR GUPTA, PROPRIETOR OF M/S SUBH LAXMI TRANSPORT, RAXAUL (NEAR SONA TAKIES), S/O MR. MOHAN PRASAD GUPTA, RESIDENT OF NAGA ROAD, RAXAUL, P.O. & P.S. RAXAUL, DIST. EAST CHAMPARAN …. PETITIONER Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA, THROUGH THE COMMISSIONER OF CUSTOMS (PREV), CENTRAL REVENUE BUILDING, BIRCHAND PATEL PATH, PATNA …. OPPOSITE PARTIES ----------- 2. 13.5.2011 The petitioner has sought quashing of the order dated 8.12.2006 passed by the Sessions Judge, Patna in Special case No.70 of 2005, by which cognizance has been taken u/ss.8/20/23/25/27A and 29 of the N.D.P.S. Act. The case of the prosecution is that an abandoned truck was intercepted by the Customs department from which 600 jars of Nepalese Vanaspati and 135 kgs of ganja were recovered. The case was instituted against unknown. Subsequently, it transpired that the petitioner was the transporter and had hired the services of the truck. The petitioner has sought quashing of the prosecution on the ground that there is no material against him to warrant his prosecution. Since at this stage it is difficult for this Court to arrive conclusively that no case against the petitioner is made out, I am not inclined to interfere in the matter. The application is dismissed. Narendra/ ( Anjana Prakash, J. )