KALAM KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for bail under Section 439 Cr.P.C. It appears that by order dated 4-8-90 the learned Judicial Magistrate, 4th Court at Howrah has remanded the accused to jail custody tilll8-8-90. Possibly thereafter, he has again been remanded. Provisions of section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act provides that a Magistrate can only remand a person accused of offences punishable under the said Act for a maximum period of 15 days. If the learned Magistrate considers that it is not necessary to detain him further he has to refer to the learned Judge, Special Judge Court, constituted for the purpose.

(2.) In the instant case, nothing has been done and the learned Magistrate has detained the petitioner in custody without any authority of law. The learned Magistrate has no power to grant bail to an accused of an offence punishable under the said Act. It is submitted that in good number of cases, the learned Magistrates are remanding the accused persons in custody beyond the period of 15 days as provided by section 36A of the said Act.

(3.) Under these circumstances, we hold that the accused person had been kept in detention without due sanction of law.