JUDGMENT - M.F. SALDANHA, J.:---Points of law of some consequences have fallen for decision in this application. The accused is a Nigerian lady, who is alleged to have been arrested as long back as on 12-5-1987 by the Customs Officers while attempting to smuggle out of India narcotics valued at Rs. 2,00,000/-. The accused was placed under arrest on charges punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985. The record indicates that on 9-6-1987, the learned Additional Chief Metropolitan Magistrate, before whom the accused was produced, ordered her release on bail in the sum of Rs. 1,50,000/- with one surety in the like amount along with certain conditions. The accused could not avail of the bail and continued to be in custody, though the Court record indicated that there was an order for her release on bail or rather that the original bail order dated 9-6-1987 was still valid.

2. On 13-8-1987, the Customs Department filed a complaint before the learned Chief Metropolitan Magistrate, Bombay, who was at that time the authority competent to entertain such a complaint. Thereupon, the Court, as and by way of issuance of process, passed an order entertaining the co

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