( 1 ) THE settled position in law is that it is open to Magistrate to take cognizance of offences upon a police report submitted under Section 173 (2) ot the Code of Criminal Procedure even when itdoes not include the report of experts. The question is sought to be re-agitatd in the two connected petitions. The pleas urged betore us in Cr. Writ No 622/88 filed by Kishan Lal and Cr. M. (M) No. 1 132/88 tiled by Gurdev Siagh are that the investigation tor the offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (lor nhort the NDPS Act) cannot be held to becomplete without obtaining the opinion of the expert and, therefore, the cognizance of the said offences under Section 190 (l) (b) of the Code of Criminal Procedure (for short the Code) is not permissible.

( 2 ) THE petitioners in two different cases were arrested tor offences under various Sections of the NDPS Act on two different dates. They were refused bail and remanded to judicial custody. The report under Section 173 (2) of the Code in Gurdev Singh s case was filed on 90th day of his arrest and in the case of Kishan Lal, befort the expiry of 90 days. Acting on those reports, the Magistra