JUDGMENT - G.D. KAMAT, J.:-This Criminal Writ Petition prays for a declaration that the detention of the petitioners after expiry of 90 days from the date of their arrest is unconstitutional, illegal and unauthorised and further seeks an appropriate writ order or direction to release the petitioners on bail or grant them interim bail if the situation so justifies.

2. First petitioner, it appears, helps his relative Kulvindersingh in carrying on a business of hotel (Dhaba). Petitioners 2, 3 and 4 are the employees at the said Dhaba. Karanja (Ghadge) Police Station in Crime No. 219/92 arrested all the petitioners on 25-12-1992 for being involved in offences under sections 17 and 21 of the Narcotic Drugs Psychotropic Substances Act, 1985 (for short, NDPS Act). They are also said to have committed an offence under section 66(i)(b) of the Bombay Prohibition Act. The story of the matter is that Karanja Police are said to have found 400 gms. of opium from outside the premises of Dhaba and a few bottles of country liquor.

No charge sheet was filed until an application for release on bail was filed on 3-4-1993 purported to be under proviso (a) to sub-section (2) of section 167 of Cr.P.C.

3

Click Here to Read the rest of this document