AN ACCUSED 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. S.36-A 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 instate of Kerala v. Balakrishnan ( 1991 (2) KLT 323 ). This Court held:

(3.) The third point to be considered is whether an accused who has been detained beyond a period of 15 days can be granted bail notwithstanding the provisions of the N.D.P.S. Act by invoking S.482 of the Cr.P.C. or under Art.226 of the Constitution. As the correct legal position is that the Magistrate cannot remand him for a period more than 15 days, this point is only of theoretical importance. Moreover, the whole matter came before the learned Single Judge on a reference by the Sessions Judge under S.395(2) Cr.P.C. This question did not actually arise before the Sessions Judge and in fact it cannot also arise before him. There was no petition either under S.482 Cr.P.C. or under Art.226 of the Constitution. In such circumstances we consider that it will be only appropriate that the said question be considered as and when jurisdiction under S.482 Cr.P.C. or under Art.226 of the Constitution is invoked.