NAND RAM Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This is a petition under Section 439 of the Code of Criminal Procedure, 1973 (for short 'the Code'). The petitioner seeks his release on bail for an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for Short 'the Act').

(2.) The petitioner was arrested on 25-7-1987. Four kg. of charas was recovered from his possession. He was produced before the duty magistrate on 26-7-1987 who remanded him to judicial custody upto 7-8-1987. On this date, the petitioner was again remanded to judicial custody till 21-8-1987. On this date, he was not produced before the magistrate concerned. On the following day, however, an application was moved by the investigating officer wherein it was stated that the petitioner was to appear in court on 21-8-1987 but did not turn up. His production warrant was therefore sought to be issued to the Superintendent Jail. The learned magistrate directed production warrant for 8-9-1987, on which date a report under Section 173 of the Code was submitted.

(3.) It appears, however, that another case under Section 20 of the Act was pending against the petitioner in the court of th e Additional Sessions Judge. In this case, 500 gm. of charas was recovered from the possessn of the petitioner on 6-1-1987. The petitioner in this case was on bail. However, since he was arrested on 25-7-1987 being in possession of 4 kg. of charas, his production warrant was issued by the learned Additional Sessions Judge for 21-8-1987 which was the date fixed in his court. The petitioner did appear there in judicial custody and that matter was adjourned to 2-9-1987.