IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30618 of 2008 RAJU PRASAD Versus THE STATE OF BIHAR ----------- 3. 23.12.2008 Heard Mr. Ramashray Roy, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The petitioner was caught at Ara Railway platform during checking conducted against the anti social element. He was found carrying a bag which contains articles including the identity card of a service man, as per description given in the seizure memo. The petitioner was also found carrying Activan tablets and confessed that he had committed theft of properties in the Railways by making persons unconscious. Activan drugs which could be possessed by anyone except medically prescribed by a qualified practioner. The contention is that the copy of the seizure list was not made over to the petitioner and that no independent person was associated with such search and seizure. The further contention is that the petitioner has wrongly and falsely been implicated in the case. After having heard learned counsel for the petitioner and having perused the documents specially the seizure memo, I could not find any explanation coming from the petitioner as to how he happened to have taken in his possession which definitely belonged to Sanjay Kumar, a Nayak in the Army. The identity card of the service man was lying in the bag along with other - 2 - belongings of his. The petitioner was found carrying Rs.20,000/- and he candidly admitted that it was obtained through theft. It is very difficult to understand the present circumstance that an independent person who could be moving around with such articles. There does not appear any impropriety. The petition is dismissed. sudip ( Dharnidhar Jha,J )