IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42596 of 2008 ARBIND JAISWAL @ SURYA PRAKASH JAISWAL … … Petitioner Versus THE STATE OF BIHAR … … Opp.P arty For the petitioner: Shri Jitendra Mishra For the State: Shri Dashrath Mehta,APP ----------- 3. 26.11.2008 Heard. The petitioner was found having planted poppy plants in about two bighas of land along with accused Shaialendra Mandal. The plants were seized and the F.I.R. was lodged. The contention is that the seizure witnesses have sworn affidavits of having not witnessed the seizure of the plants or preparation of the document. Further contention is that the informant was examined in the trial and he did not support the lodging of the report. AS regards the submission of swearing of affidavits by seizure witnesses, it is against the document which were purported to be the statements of the witnesses of the fact of seeing and witnessing the seizure. Thus, the affidavits 2 appear tampering the evidence. As regards the recording of the statement of the informant, the petitioner was not put on trial on that particular date. He sworn the affidavit on a later date. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)