BAGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER is claiming bail under Section 439, Cr. P.C. He is arrested on 16-9-1997 for an offence under Section 15 of the N.D.P.S. Act (for short the 'Act') on the allegation that he was having in his possession 20 kgs. 250 gms of Poppy HUSK. Learned Counsel for the petitioner contended that petitioner is 16 years of age but still he has not been released on bail desoite Apex Court's judgment. He also submits that the con­traband was sent to Chemical Examiner but as per Rule 2 (c) of the Narcotic Drugs and Psychotropic Substances Rules, 1985, 'Chemical Examiner' means the Chemical Examiner, Government Opium and Alkaloid Works, Neemuch or, as the case may be, Ghazipur. He also contended that the Rules are made by the Central Government vide notification No. GSR 877 (E), dated 14-11-1985. As per these Rules, the appointment of a Chemical Ex­aminer, for the purposes of analysis of N.D.P.S. contraband can only be made by the Central Government but in the present case the appointment of Chemical Examiner at Bhatinda has been made by the Punjab State. There is no mention in the Act that powers can also be delegated to the State. On that premise, learned Counsel contends that report of the Chemical Examiner cannot be taken on record. Without that report, the petitioner's custody is illegal and he is entitled to bail on this ground. He has relied on State of Himachat Pradesh v. Tek Ram, 1998(1) RCR 598.

(2.) LEARNED Counsel also contended that petitioner was continuously produced before the illaqa Magistrate beyond a period of 15 days. Under the amended provisions of the Act, the Magistrate is entitled to grant remand only upto 15 days and thereafter Special Judge is authorised to grant remand. On that ground also, petitioner's custody become illegal. To support this contention, he has relied on Nishan Singh v. State of Punjab, 1988 (1) RCR767.

(3.) PETITIONER is facing trial under Sec­tion 15 of the Act. Contraband Poppy Husk was sent to the Chemical Examiner for analysis. Petitioner must have received the report also which is not produced. Hence, on this ground, the petitioner can­not be granted bail. Petitioner has not placed on record any document to show that he is juvenile offender.