( 1 ) WE have heard counsel for the parties today. We proceed to judgment.

( 2 ) IT is averred in the petition that the petitioner was taken from his residence on 2nd August, 1987 by the officials of the Narcotics Control Bureau, New Delhi and the West Bengal Police for investigating a case which had teen registered under Section 22/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter called the act ) but was formally produced before the Metropolitian Magistrate on 4th August, 1987 at her residence in the evening at about 8. 00 P. M. when he was remanded to Police custody of West Bengal Police upto 14th August, 1987. It is not necessary to notice the details of the prosecution case which was registered by the West Bengal Police. It appears that after 14th August, 1987 the petitioner was remanded to judicial custody in the cases against him from time to time till 7th September, 1987. It further appears that while in Police custody of West Bengal Police, the petitioner was taken to Calcutta for investigations but was however, brought back to Delhi on 14th August, 1987 and produce before the ACMM, New Delhi as that was the day on which the