BARU SINGH ALIAS BIRU 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 FIR No.63, dated 9th July, 1995, registered at Police Station Sherpur, District Sangrur, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act).

(2.) AS per allegations made in the F.I.R., the petitioner was apprehended on 9th July, 1995 by a Police party and as a result of his search poppy husk weighing 25 kgs. was recovered from him.

(3.) MR . Jatana, learned counsel appearing on behalf of the petitioner, submitted that the petition.: was arrested on 9th July, 1995 and till date the challan has not been presented and judicial remand in his case is being granted by the Ilaqa Magistrate. He submitted that the Judicial Magistrate could not grant remand beyond the period exceeding 15 days under clause (b) of sub -section (1) of Section 36 -A of the Act. He, therefore, contended that since in the present case, the Judicial Magistrate has granted remand exceeding 15 days, the order of remand granted by the Judicial Magistrate beyond the period of 15 days is illegal and the petitioner was entitled to be released on bail.