IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26973 of 2008 SUJIT KUMAR Versus STATE OF BIHAR ----------- 2. 17.7.2008 Heard. The seizure list is said to be of 188 kilograms of ganja which was being transported in a Sumo vehicle, as per description in the complaint petition. The vehicle was being driven by the petitioner. It is not that the vehicle was signalled and stopped rather after hot- pursuit by the two vehicles, the same could be intercepted and taken into custody for seizure. The contention is that the vehicle being stopped and taken into custody along with the petitioner, the seizure could not be made at the spot, i.e., somewhere around Gopalpur police station, rather the vehicle was brought alongwith the petitioner to the Customs Office, Bettiah for observing the formalities of seizure and preparing the seizure memo. The next contention was that after about two months, the prosecution report was lodged before the learned Sessions Judge, Bettiah. Reason for not making the seizure is assigned in the complaint petition itself. The matter was reported immediately, as may appear from the report of seizure(Annexure-2), so there could not be much mileage to be taken by the petitioner out of delayed presentation of the prosecution report. Considering seizure in huge quantity and it appears a professional act of transporting the seized narcotics substance, I am - 2 - not inclined to direct release of the petitioner from custody. The petition is dismissed. sudip ( Dharnidhar Jha, J )