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1993 Supreme(Bom) 337

A.V.SAVANT
Suaibo Ibow Cassama – Appellant
Versus
Union of India and another – Respondent


JUDGMENT - A.V. SAVANT, J.:---This case presents a picture of total indifference on the part of the Customs Officer to the basic provisions and fundamental rights dealing with the detention of an accused in police custody beyond the period of 24 hours. Not only are the provisions of section 57 and section 167 of the Code of Criminal Procedure violated, but there is also a clear breach of

the fundamental rights of an accused enshrined under Article 21 and Article 22 of the Constitution of India. It is all the more unfortunate that this should have occured in a case concerned with the menace of smuggling of narcotices. I have heard Shri Prem for the petitioner, Shri Patwardhan for respondent No. 1 Union of India and Smt. Pingulkar for respondent No. 2- State of Maharashtra.

2. The petitioner has been charged with offences punishable under section 135 of the Customs Act, 1962 as also under section 8(c) read with sections 21, 23, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the N.D.P.S. Act"). The application is for bail. The petitioner was arrested by the officers of the Air Intelligence Unit of the Customs Department at Sahar Air-port Bombay on the







































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