JUDGMENT

Tomas, J.-Leave granted.

2. A huge quantity of counterfeit notes of Rs. 500/- digit has been intercepted by the authorities and a case was registered by the Thane Police, Maharashtra. A number of persons were arrested in connection with the said racket. We are now concerned only with the arrest of a lady by name Ayesha Khan (also called Smt. Bharati Chandmal Varma) the respondent in this case. After the arrest she was produced before the Metropolitan Magistrate who remanded her to custody. As a charge sheet was not laid within 90 days thereof she applied for being released on bail as per the proviso to Section 167(2) of the Code of Criminal Procedure (for short the Code ). Though the Metropolitan Magistrate disallowed her prayer a single Judge of the High Court of Bombay allowed her to be released on bail solely on the aforesaid ground. The said order of the High Court is now being challenged by the State of Maharashtra.

3. The main contention of the State is that the period of 90 days envisaged in Section 167(2) of the Code should be reckoned from the date when the police started investigation into the offences under the Maharashtra Control of Organised Crime Act, 1999