(1.) HEARD Mr. D'Souza, learned Counsel for the applicants and Mr. Ferreira, learned Public Prosecutor for the respondents. Both these applications are being disposed of by common order since the facts and the question of law involved are identical.
(2.) THE applicant in Criminal Application (Bail) No.71/2011 was arrested by the Police Officer of Anti Narcotic Cell on 27th January, 2011 at about 4.00 p.m. for the offences punishable under Sections 20(b)(ii)(C), 21(B) and 22(C) of the N.D.P.S., Act, 1985 ('The Act' for short) for alleged possession of 3.340 Kgs of Charas, 450 Gram of Heroine and 6.7 Grams L.S.D.
(3.) ON 4th February, 2011, both the applicants were produced before Judge Shri P.V. Sawaikar, who remanded them to 7 days police custody. Thereafter, both the applicants were remanded from time to time by Judge Shri Sawaikar, who was functioning as District Judge -II at Panaji. Both the applicants filed bail applications before Judge Shri Sawaikar mainly on the ground that the Magistrate had no jurisdiction under Section 36(A)(b)(i) of The Act to give further directions to produce the applicants before the N.D.P.S. Court. Judge Shri Sawaikar rejected both the applications along with the other two applications by common order dated 25th February, 2011.