Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the Petitioner and the learned AGA appearing on behalf of State.
(2.) IT appears that the learned Sessions Judge, Kushinagar at Padrauna, by his order dated 19.8.2009 passed in (State of U.P. v. Meraz Ansari and Ors. S.T. No 85 of 2009) has taken cognizance of the offence under Section 8/20 N.D.P.S Act registered at Police Station Patherva, District Kushinagar. Learned Counsel for the Petitioner submitted that the learned Magistrate has not applied his mind to the facts of the case and has taken cognizance of the offence by an order which has been passed without any application of mind to the material on record and hence the impugned order by which cognizance is taken is liable to be quashed.
(3.) PER contra learned AGA made his submissions in support of the impugned order.;