MANJULA DEVDAS GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail. The Applicant Mrs.Manjula Devdas Gaikwad aged about 35 years is arrested as she was found in possession of 100 grams of brown sugar and offence under section 21 of the N.D.P.S. Act was registered against her, under C.R.No.443 of 1997 by the Pimpri Police Station, Pune.

(2.) ACCORDING to the prosecution she was apprehended on information and during her search 100 grams of brown sugar was found and she was arrested on 27.8.1997 for offences under section 21 of the NDPS Act and she was produced before the Judicial Magistrate First Class on 28.8.1997, who remanded her to Police Custody, up to 2.9.1997. On 2.9.1997 she was produced before the Judicial Magistrate First Class, Pimpri, and again remanded to Magisterial custody for 14 days on 9.9.1994. Charge sheet was filed on 21.9.1997 and the case was committed to the Special Court under NDPS Act, Pune.

(3.) MR .Nitin Jamdar the learned Counsel appearing for the Applicant relied on some of the decided cases and the material cases would be referred to. According to Shri Jamdar the Magistrate cannot grant remand in excess of 15 days and if he so grants, it is in excess of his jurisdiction and any detention in custody beyond the period of 15 days by an order of remand by the Magistrate is illegal. Reliance was placed by the learned Counsel for the Applicant and the learned A.P.P. on different provisions of law. Before entering into discussion it is necessary to refer to those provisions. Section 167 Cr.P.C. sub-sec. (1) & (2) reads thus :-