RAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Section 439 of the Code of Criminal Procedure seeking bail pending trial in the case F.I.R. No. 300 dated 6.8.1995 registered at Police Station Shahbad under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) In para 3 of the petition, it has been stated that the petitioner was produced before the learned Ilaqa Magistrate on 7.8.1995 and till the date of filing of the petition, the remand is being granted by the Ilaqa Magistrate. Notice of this petition was issued to Advocate General, Haryana on 8.11. 1995.

(3.) Mr. Kamboj, the learned counsel appearing on behalf of the petitioner, submits that even till date the petitioner is in custody under the orders passed by the learned Ilaqa Magistrate. He, therefore, submits that the provisions of clause (b) of sub section (1) of Section 36 (A) of the Act, have been violated, He further submits that the alleged recovery in this case is only 1 kg opium. He, therefore, contends that the petitioner should be released on bail.