NARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard counsel for both the sides.

(2.) The learned counsel for the petitioner contends that the petitioner was picked up from his house on 6.6.1999, and the case has been planted against him as if he was in possession of the contraband under the Act on 7.6.1999. Learned counsel for the petitioner contends that even according to the State, the petitioner was arrested on 7.6.1999 produced before the Magistrate on 8.6.1999, but was ordered to be detained for a period beyond 15 days by the learned Magistrate, which is violate of the provisions of Section 36A of the N.D.P.S. Act under which the Judicial Magistrate is empowered to remand the accused to custody for a period not exceeding 15 days only. Therefore, the learned counsel for the petitioner contend that the petitioner is entitled to be released on bail.

(3.) But the learned counsel for the State, on the other hand, contends that the petitioner who was arrested on 7.6.1999 was produced before the Magistrate on 8.6.1999 and was remanded to police custody till 11.6.1999 and on 11.6.1999, he was remanded to judicial custody by the Magistrate upto 25.6.1999. He also points out that the Special Judge under the N.D.P.S. Act was on vacation from 16.6.1999 to 8.7.1999 and on 8.7.1999, the Additional Sessions Judge had remanded the petitioner to judicial custody till 22.7.1999. In these circumstances, the learned counsel for the State contends that the petitioner not entitled to be released on bail.