NACHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure (in short the Code) seeking bail pending trial in the case F.I.R. No. 66, dated 21st July 1995, registered at Police Station, Sherpur under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act).

(2.) AS per allegations made in the complaint, the petitioner was apprehended on 21st July 1995 by a police party and as a result of his search, poppy husk weighing 32 Kgs. was recovered from him.

(3.) MR . Garg, learned AAG, appearing on behalf of the State, however, submitted that since in the State of Punjab, special Courts have not yet been constituted under Section 36 of the Act, the Judicial Magistrate can give remand of an accused for the period exceeding 15 days. In support of his submission, he placed reliance on a judgment in Cr.Misc. No. 9322-M of 1993 (Janta Singh v. State of Punjab), rendered by a Full Bench of this Court on 21st September, 1995.