JUDGMENT - M.S. DESHPANDE, J.:---In this bail application by the three applicants, who came to be arrested under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, a few points of some importance arise for consideration and it would be expedient to set our a few facts.

2. The applicants were arrested on June 24, 1989 and were produced before the Metropolitan Magistrate, 12th Court, Bandra, Bombay on the next day. A remand was granted. The first remand was for 12 days and thereafter for 10 days. On July 12, 1989, the applicants filed an application for being released on bail and pending consideration that application, they came to be produced before the Additional Sessions Judge, Great Bombay, on July 17, 1989 and since then they came to be remanded from time to time. An application for bail presented by them, raising several contentions came to be considered by the learned Additional Sessions Judge and was decided on August 7, 1989, holding that he has invested with the powers of the Special Court to be established under section 36 of the Act, by virtue of the provisions of section 36-D as amended and that he was, therefore, competent to grant remand and hol

Click Here to Read the rest of this document