The Magistrate does not have the jurisdiction to remand an accused person beyond 15 days in cases under the Narcotic Drugs and Psychotropic Substances Act.

1. - This case has brought to my notice how the Magistrates are acting against the Provisions of the Act and in a case under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Narcotic Drugs And Psychotropic Substances Act) in the matter of giving remand.

2. On 25th August, 1992 on the basis of an information, said to have been received on 24.8.92 the office of the Narcotic Department Jhalawar in Jeep No. RI-20 1120 left Jhalawar at 5.30 p.m. and reached the house of Phool Chand the accused petitioner situated in village Khandwe Tehsil Ramganj Mandi District Kota. The accused petitioner is said to have been present in the house and in the presence of Motbirs opium weighing more than 4 kg. was recovered on search from the possession of the accused petitioner. On re-weighing the opium it was found 4 kg and 100 gms. Samples were taken and seized and were sent to the chemical examination. The remaining opium was separately sealed. The accused-petitioner was arrested immediately on the spot under section 8/ 18 of the Narcotic Drugs And Psychotropic Substances Act.

3. The accused petitioner was produced on 25.8.92 before the Munsif and Judicial Magistrate Ramganj Mandi and he was remanded to the Judicial custody upto 5th September, 1992. He was thereafter also remanded to judicial, custody upto 18.9.92 and upto 29.9.92 and then upto 12.10.92, then further upto 24.10.92, then again upto 5.11.92 and then upto 19.22.92. On 19.11.92 a complaint was filed before the said Magistrate who remanded the accused to further remand upto 28.11.92 and directed that the accused be produced before the Sessions Judge.

4. A perusal of the aforesaid facts will show that it was the Magistrate before whom the accused was produced, who remanded the accused to custody and the remand was for more than 90 days.

5. Now a look at the relevant provisions of the Narcotic Drugs And Psychotropic Substances Act is necessary. Section 36 of that Act makes a provision under which the Government may for the purpose of providing speady trial of the offences under this Act by notification in the Official Gazette constitute as many Special Courts as may be necessary for such areas as may be specified in the notification. A special Court shall consist of a single Judge who shall be appointed by the Government with the concurrence of the Chief Justice of the High Court. Under Sub-section (3) of Section 36 it is provided that a person shall not be qualified for appointment as Judge of a Special Court unless he is immediately before such appointment, a Sessions Judge or an Additional Sessions Judge. It will, therefore, be clear that only a Sessions Judge or Additional Sessions Judge can be appointed as a Special Judge for the Special Court constituted under section 36(1) for trial of the cases under the Narcotic Drugs And Psychotropic Substances Act. Section 36-A, of the Narcotic Drugs And Psychotropic Substances Act provides that an offence in this Act shall be triable only by the Special Courts constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government. Therefore, the exclusive jurisdiction has been conferred for trial of the cases under Narcotic Drugs And Psychotropic Substances Act on the Special Courts. Not only this, it will further be seen that powers have been conferred on special Court to take cognizance of the offence and, therefore, the cognizance of the offence has to be taken by the special Courts and no commitment of the case is necessary. Under Section 36A(b) of the aforesaid Act where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under Sub-section (2) or Sub-section (2A) of Section 167 of the Cr.P.C., such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fif