RAKESH KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) Rakesh Kumar has filed this habeas corpus petition, seeking a direction for his release from the illegal detention in the central Prison, Tihar, Delhi, The petitioner also seeks a declaration that the petitioner is not liable to be prosecuted pursuant to F.I.R. No. 523 of 1992 dated 30/10/1992 of police station Pachim Vihar, New Delhi. The petitioner states that he is entitled to his release from detention, and the respondents Are not entitled to prosecute him under section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (Act No. 61 of 1985), for allegedly having been found in possession of one Kg. of opium at about 5.30 P.M. at bus stand of route No. 883, Outer Ring Road crossing of Vikaspuri, New Delhi.

(2.) It is the case of the petitioner that the petitioner was produced before Mr. Prem Kumar, Metropolitan Magistrate on 31/10/1992, who directed the petitioner's detention in judicial custody for a period of ten days, where after the petitioner was lodged in Central Jail, Tihar. The petitioner further avers that thereafter the said Metropolitan Magistrate successively authorised the detention of the petitioner in judicial custody for 14 days on each occasion, and that the last time the Metropolitan Magistrate granted judicial remand of the petitioner, was on 11/12/1992, for a period of 14 days.

(3.) The petitioner in support of his case for entitlement of writ of habeas corpus for illegal detention, relies upon the provisions of amended section 36-A to 36-D of the Narcotic Drugs & Psychotropic Substances Act, 1985, which was amended by means of an amending Act 2 of 1989, by section 11 of the Amending Act, amendments having come into force w.e.f 29/5/1989. The provisions of section 36-A to 36-D of the amended Narcotic Drugs & Psychotropic Substances Act read as under: 36-A. Offences triable by Special Courts.