K.P. SUDHEENDRAN AND ANR. Vs. STATE

JUDGEMENT

(1.) THE first point to be answered is as to whether a Judicial Magistrate before whom an accused is produced on the allegation that he has committed an offence punishable under the Narcotic Drugs and Psychotropic Substances Act (for short 'N.D.P.S. Act') can authorise , his detention for a period exceeding 15 days. Section 36A of the N.D.P.S. Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974):

(2.) THE next point to be considered is as to whether a Magistrate is bound to forward the accused to the Special Court if one is constituted and to the Court of Sessions if a Special Court is not so constituted. This point is answered by a decision of this Court in State of Kerala v. Balakrishnan, 1991 (2) K.L.T. 323. This Court held: