SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this case the petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of bail in pending trial in Case FIR 23 of 1995, registered at Police Station Sahlawa, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as - 'the Act').

(2.) AS per allegations made in the FIR, the accused was arrested on 5th April, 1995 and as a result of his search 60 grams Charas was alleged to have been recovered.

(3.) MR . Jaswant Singh, learned counsel appearing on behalf of the petitioner has drawn my attention to sub clause (iii) of para 3 of the petition wherein it has been stated that there is non -compliance of Section 36 - A of the Act inasmuch as the petitioner was granted judicial remand by Illaqa Magistrate for fourteen days initially and again remand was extended by the same Magistrate till 1.5.1995. In support of his contention he placed reliance on judgment of this Court in Bhupinder Singh v. State, 1994(2) Recent Criminal Reports 302 : [1994(1) All India Criminal Law Reporter 595 (Pb. and Hry.)]. He Further Submitted that even alleged recovery from the petitioner to only 60 grams of charas. He, therefore, contended that the petitioner was entitled to be enlerged on bail.