BHUPINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CONTENDS that under the provisions of Section 36-A, the Judicial Magistrate is competent to give remand of the accused for charge of the offence punishable under the provisions of Narcotic Drugs & Psychotropic Substances Act, 1985 uptil 15 days only. The provisions of Section 36-A read as under :-

(2.) A bare glance through the same shows that under clause (b) of sub- section (1), the Judicial Magistrate is competent to give remand of the accused suspected of the commission of the offence under this act for a period not exceeding 15 days. However, perusal of Clause (c) of this sub-section reveals that the Special Court has the powers to give remand etc. as are conferred on a Magistrate having jurisdiction to try a case under Section 167 of the Code of Criminal Procedure.

(3.) UNDER the circumstances, the present detention of the petitioner in judicial custody is illegal. He is, therefore, directed to be released on bail on furnishing requisite heavy bonds to the satisfaction of Chief Judicial Magistrate, Jind. It is, however, clarified that the Special Court can authorise the detention of such suspect to judicial custody even beyond the period of 15 days. Order accordingly.