Lokeshwar Singh Panta, J. : The case has come up before this Bench on a reference made by the learned Single Judge. The question referred for decision is quoted herein-below: "Whether a person can be arrested and detained in judicial custody by way of remand or otherwise in respect of the offence punishable under chapter IV of the N.D.P.S. Act, without registering a case as required under Section 154, Code of Criminal Procedure, and pending the filing of a complaint by the duty Authorised Officer, as contemplated by Section 36- A(l)(d) of the Act"

2. These are the facts, briefly stated : The petitioner had been arrested on August 10,1998 near the post office Kullu by Narcotic Control Bureau, Chandigarh when he was alleged to have been found in possession of 2.5 gms. Cocaine. The petitioner is presently lodged in judicial custody. On the petitioners applying for enlargement on bail under Section 439 of the Code of Criminal Procedure, 1973 (the Code here in after), the learned Sessions Judge, Kullu and Lahaul Spiti Districts, at Kullu dismissed his application on 2.9.1998. The petitioner has approached this Court again under Section 439 of the Code for grant of bail and settin