- (1.) This is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure filed at the instance of the accused petitioner Subhash Bapari seeking for a clarification whether in the instant case the statutory period of detention would be 60 days under Section 167(2) of Cr.P.C. or it should be 180 days as has been held by the learned Special Judge in his order dated 17.2.2003.
(2.) The short facts leading to the filing of this application are as under: The present prosecution has been started upon the allegation that on 18.12.2002 at 16.05 hrs, the Officer-in-Charge of Ashokenagar Police Station on receipt of a telephonic information had been in front of the Ashokenagar Railway Station along with available force at the back side of Rickshaw stand near Bahi Bhai Club. The present petitioner was detained there while he was found to be selling heroin.
(3.) To work out the aforesaid information, the person of the petitioner was searched in presence of the circle inspector of police of Habra Circle and other available witnesses and force and after observing all necessary formalities. Upon aforesaid search, one cellophane paper packet containing snuff coloured sticky substance was recovered which was said to be heroin and 8 small newspaper packets containing snuff coloured sticky substance said to be heroin were also recovered and after proper weighment those came to be 19.950 gms., in total and a cash of Rs. 607- inside a white colour polythene carry bag which was carried by the petitioner in his right hand, was also recovered.;