ALIMUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE three Habeas Corpus Petitions raise a common question of law and, therefore, they were heard together and are being disposed of by a common order.

(2.) IN Habeas Corpus Petition No. 4963 of 1990, filed by Shri Alimuddin one Mohammed Rafiq son of Shri Shaft Mohammed resident of Kasaiyon-ki-kui, Nimbahera Paschhim, District Chittorgarh was arrested by the S. H. O. Police Station, Nimbahera and the Dy. S. P. of that circle, as 14 kgs. of opium was found in his possession. Although, it is alleged that the room which is situated in the field was always kept open but the allegation of the police is that this room was locked and its lock was opened by Shri Mohammed Rafiq himself. He was arrested on 16. 10. 1990 and was produced before the learned Munsif & Judicial Magistrate, Nimbahera, who remanded him to police custody upto 25. 10. 90. He was again produced before the learned Munsif & Judicial Magistrate, Chittorgarh who remanded him to Judicial cus-tody on 26. 10. 1990 and thereafter, he was further remanded to judicial custody on 8. 11. 1990, 19. 11. 1990, 26. 11. 1990 and 12. 12. 1990. A challan was filed and cognizance was taken against him by the learned Judicial Magistrate, Chittorgarh for the offence under sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act' herein ).

(3.) MR. M. M. Singhvi and MR. Moinudeen, the learned counsel appearing for the petitioners have reiterated their contention that s. 36-A of the Act, which was introduced by Act No. 2 of 1989 with effect from 29. 5. 1989 is a complete Code by itself regarding trial of the offences under this Act and the provisions of this section override the powers given be a Judicial Magistrate for remand of accused-persons under s. 167 Cr. P. C. According to them, this being a special Act, will override the provisions of the General Act and hence, the accused persons deserve to be set at liberty.