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Judgment
Dr. Sarojnei Saksena, J.
A case under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is registered against the petitioner on 23.6.1996 and since then the accused is in custody.
As per the FIR he was driving a car. When he was chased by the police, he tried to escape arrest, but anyhow, the police succeeded in stopping his car. On search, it was found that he was carrying 190 kgs and 600 grams of poppy husk in the car.
2A. Petitioner''s counsel contends that other coaccused who were named in the FIR, have already been released on bail by the trial Court. Their case is distinguishable from the case of the petitioner because no other accused was arrested at the time when the car was stopped and the contraband was seized from the possession of the accused. Whether it was a partial offer under Section 50 of the Act; whether the seal after use was not handed over to an independent witness; whether recovery memo/consent memo were attested by a gazetted police officer. These are the questions of facts which are to be enquired into and decided at the time of trial. Whether remand can be granted to the accused beyond 15 days, this point has already been decided by the Full Bench of this Court in Janta Singh v. State of Punjab, 1996(1) RCR 1.
Petitioner has also raised dispute that the investigation was done by the same police officer who arrested the accused and seized the contraband from his possession. Even this point has been considered in Piara Singh v. State of Punjab, 1995(3) RCR 158 wherein it has been held that the police officer who arrests the accused is authorised to hold the investigation.
No other point is pressed before me.
The charge has already been framed against the accused. The case is fixed for prosecution evidence and the next date of hearing is 5.8.1997. Since the petitioner is in custody for the last one year, the learned Additional Sessions Judge, Mansa is hereby directed to conclude the trial within three months from 5.8.1997.
With these directions, bail is declined.
A copy of this order be sent to the Additional Sessions Judge, Mansa.