ORDER

Shivaji Pandey, J.—Heard learned counsel for the petitioners and learned counsel for the Union of India, Custom Department.

2. This application has been filed for quashing the order dated 11.1.1989 passed in Custom Case No.13 of 1988, Complainant Case No. 780 of 1988 by the Chief Judicial Magistrate, Samastipur by which he has taken cognizance against the petitioners under Section 23 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the Act’).

3. A complaint case vide Complaint Case No.780 of 1988 was filed stating therein that on 7.5.1988 a tractor bearing registration No.BEA-2681 with trolley no. BEA-2682 were seized and from that trolley 500 Kg. of Ganja was recovered and four persons, namely, Santlal Rai, Jay Mangal Rai, Naresh Rai and Mahendra Manjhi were arrested out of whom Jay Mangal Rai confessed that 180 Kg. of Ganja belonged to him. Santlal Rai confessed 160 Kg. of Ganja belonged to him and Naresh Rai confessed 160 Kg. of Ganja belonged to him total being 500 Kg. of Ganja. It has further been stated that Santlal Rai and Jay Mangal Rai also took the name of Mishri Rai, son of Bhagwan Rai and Jawahar Rai, son of Ram Briksh Rai. The af