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1990 Supreme(Bom) 466

H.W.DHABE
B. S. Rawat, Asstt. Collector of Customs, Bombay – Appellant
Versus
Leidomann Heinrich and another – Respondent


JUDGMENT - H.W. DHABE, J.:---These two Criminal Applications can be, conveniently, disposed of by a common judgment. Reference to the parties would, however, be as in Criminal Application No.1614 of 1990 preferred by the original accused.

Briefly, the facts are that on 10th of March, 1989, while the applicant/accused was in the process of boarding the Swiss Air Flight for Zurich from Sahar Airport, Bombay, he was intercepted and his baggage was searched by the Customs Department. From his baggage, the Department recovered 2.500 Kgs brown powder, i.e. Hashish valued at Rs.25,000/-. The applicant/accused was produced before the learned Magistrate, and later on the Assistant Collector of Customs filed a case against him under section 8(c)r/w sections 20,23 and 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short 'N.D.P.S. Act') and under section 135 of the Customs Act.

2. The applicant/accused was arrested on 10-3-89. However, the charge-sheet was not filed against him within a period of 90 days, i.e until 9-6-1989. He, therefore , filed an application for bail on 19-7-1990 under section 167(2) of the Code of Criminal Procedure, (For short 'Cr.P.C.'). I






















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