This is a petition under Article 226 of the Constitution for issuing a writ of habeas corpus to secure the release of the petitioner, who is under detention in Case Crime No. 217 of 1992, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of P. S, Jaidpur, district Bara Banki.

2. The case of the petitioner is that he was, arrested on 8-7-1992 by the police of P. S. Jaidpur, district Bara Banki in connection with the abovenoted case and since then he is in jail. After completion of investigation, the police filed a charge-sheet on 7-10-1992 before the learned Sessions Judge, Bara Banki who took cognizance of the offence on the same day. On 22-1-1993 the learned Sessions Judge transferred the case to the Court of 111 Additional Sessions Judge, Bara Banki and at present the trial is pending before that Court. It is alleged that after receiving the case by transfer the learned Additional Sessions Judge did not pass any remand order under Section 309 Cr PC, which undisputedly governs the remand of an accused during trial. According to the petitioner the proviso to Section 309 (2) requires that no Magistrate shall remand an accused person to cu