SATISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . According to the prosecution, 5 grams of smack was recovered from the possession of the accused on 18.11.2000.

(2.) LEARNED counsel for the petitioner submits that smack is a derivative of opium and possession upto 5 grams of smack is punishable with one year imprisonment only in view of the provisions if Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). In support of the submission, he seeks to draw my attention to Ministry of Finance (Deptt. of Revenue), Noti. No. S.O. 527 (E), dated July 16, 1996, published in the Gazette of India, Extra, Part II, Section 3(ii), dated 23rd July, 1996, pp. 10-19, No. 425 (F.No. 1/13/93-NCB (Legal-I). Learned counsel for the petitioner submits that the petitioner has been in jail since 18.11.2000 and so far the trial has not commenced. The petitioner is entitled to a speedy trial, if he is denied the right to speedy trial, it is violation of Article 21 of the Constitution of India. He further submits that there was no independent witness with the investigations officer. He further submits that the investigation officer did not advert to the provisions of Section 50 of the Act at all. Search effected in violation of the provisions of Section 18 of the Act is no search in the eyes of law.