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1995 Supreme(P&H) 1090

HARJIT SINGH BEDI, SAROJNEI SAKSENA, S.C.MALTE
Janta Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

SAROJNEI SAKSENA, J.

1. The factual matrix of Cril. Misc. No. 9322-M of 1993 is that the petitioner-accused was arrested under Section 15 of the Naroctic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) for keeping in his possession 10 Kgs. of poppy husk without a requisite licence. He was produced before Judicial Magistrate 1st Class, Mansa, for remand. Initially he was remanded to police custody and later on to judicial custody. His bail application was declined by the Additional Sessions Judge, Bathinda. In the aforesaid Crl. Misc. petition the petitioners learned counsel contended that under clause (b) of sub-Section (1) of Section 36-A of the Act the Judicial Magistrate could not grant remand beyond the period exceeding 15 days in the whole. Hence the order of remand granted by the Judicial Magistrate rendered the petitioners detention illegal and on this count he is entitled to bail. He placed reliance on a Full Bench decision of Kerala High Court in Berlin Joseph V/s. State, 1992 (2) Crimes 353.

2. The prayer was opposed by the Assistant Advocate-General, Punjab, who contended that a Full Bench of Orissa High Court in Banka Dass V/s. State of Orissa,























































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