Kuldip Singh, Judge This petition has been filed under Section 482 Cr.P.C. read with Article 227 of the Constitution for setting aside order dated 2.2.2012 passed by learned Judicial Magistrate, 1st Class, Court No.1, Sundernagar ( here in after Magistrate unless context is otherwise) in bail application No. 4-XXII of 2012.

2. It has been stated that the respondent was arrested on 29.1.2012 at Piplu Mod, near Chakli Slapper and on his personal search 5 grams Charas was recovered. An FIR No. 11 of 2012 was registered against him under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short ‘Act’). The respondent was produced before Magistrate on 30.1.2012 and was remanded to Police Custody till 2.2.2012. After the period of remand, the respondent was again produced before Magistrate in the custody of C. Chanderkant No. 756 under supervision of H.C.Shanta Kumar No. 56, Police Station, Sundernagar. The Station House Officer, Sundernagar forwarded the respondent with a request to grant 14 days judicial remand as the investigation was complete.

3. The Magistrate on 2.2.2012 has allowed the bail application of the respondent only on the ground that the