IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38353 of 2008 MD.NOOR HASSAN & ANR Versus THE STATE OF BIHAR ----------- 2. 15.10.2008 Heard Sri Jaggarnath Singh, Advocate for the petitioners and the learned A.P.P. for the State. A tank lorry which could usually be carrying petroleum product, was found storing in its Chambers 553 K.G. of ganja. The contention is that none of the petitioners was there and that mere recovery of the photo copy of the driving license from the dicky of the vehicle could lead to naming the petitioner Md. Noor Hassan on account of being the driver and Naseem Khan @ Naseem as cleaner. The contention is that it could be a misleading sort of evidence inasmuch as on that particular day it could not be said that the petitioners were indeed the occupants of the vehicle. The contention was that the real king-pin was the proprietor of the vehicle. The court does not have any reason to act upon the contention because the ownership of the vehicle as also the other details regarding vehicle being driven by whom in having two as - 2 - the cleaner appears, duly verified and then the complaint petition was lodged. The contention further was that the recovery could not be from the conscious possession of the petitioners also. The manner of concealment of the contraband ganja in the Chamber of the vehicle, which could normally be storing petroleum products, itself could be a clinching piece of evidence as to how it could be connected to the petitioners’ conscious possession. Regarding being had to the quantity of recovery of the manner of transportation , the petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )