JANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The factual matrix of Cril. Misc. No. 9322-M of 1993 is that the petitioner-accused was arrested under Section 15 of the Naroctic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) for keeping in his possession 10 Kgs. of poppy husk without a requisite licence. He was produced before Judicial Magistrate 1st Class, Mansa, for remand. Initially he was remanded to police custody and later on to judicial custody. His bail application was declined by the Additional Sessions Judge, Bathinda. In the aforesaid Crl. Misc. petition the petitioner's learned counsel contended that under clause (b) of sub-Section (1) of Section 36-A of the Act the Judicial Magistrate could not grant remand beyond the period exceeding 15 days in the whole. Hence the order of remand granted by the Judicial Magistrate rendered the petitioner's detention illegal and on this count he is entitled to bail. He placed reliance on a Full Bench decision of Kerala High Court in Berlin Joseph v. State, 1992 (2) Crimes 353.

(2.) The prayer was opposed by the Assistant Advocate-General, Punjab, who contended that a Full Bench of Orissa High Court in Banka Dass v. State of Orissa, 1993 (2) RCR 285 has taken a contrary view. Thereupon the learned single Judge, considering the direct conflict of opinion with regard to the interpretation of Section 36-A(1)(b) of the Act, came to the conclusion that the matter be placed before Hon'ble the Chief Justice for referring it to a larger Bench. Accordingly, the matter was placed before a Division Bench of this Court.

(3.) This Division Bench by its order dated November 30, 1993, before which a Full Bench of Madhya Pradesh High Court in Ram Dayal v. Central Narcotic Bureau, Gwalior, 1993 (1) RCR 264 was also referred to, thought it fit that in view of the aforementioned three Full Bench decisions, a Full Bench of this Court be constituted to resolve the above-referred controversy. The Division Bench framed the following questions for adjudication by the Full Bench :-