IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50819 of 2008 SATAN RAI, son of Late Madho Ray, resident of Hrpur, P.S. Piprakothi, District – East Champaran Versus STATE OF BIHAR ----------- 2/ 21.1.2009 Heard. The petitioner was captured while attempting to escape and the hut, said to be belonging to the petitioner, was searched and therefrom 90 kilogram ganja is said to be recovered. Contentions have been manifold, that the petitioner is an old man of seventy years and not supposed to indulge in such activities; that chemical examination report is yet to be received certifying the said article as ganja; that the FIR appears manipulated as the same was received by the nearest magistrate beyond twenty four hours or so to say, not immediately and finally that the hut was not belonging to the petitioner. By virtue of handling the nature of cases like the present one and also by virtue of their acquaintance with substance like ganja, one could, prima facie, have knack of identifying it and noting its nature. The confirmatory test 2 could be, indeed, from the report of the analyst. That does not mean that recovery, prima facie, should be thrown over board. Old age experience is no bar to criminal activities and as regards the other two contentions on manipulation of F.I.R., it could be a matter to be judged at the time of writing judgment by the trial judge and, as appears from the FIR, there appears many reasons to say that the hut was belonging to the petitioner. Petition is dismissed. Anil/ ( Dharnidhar Jha,J )