JUDGMENT - BATTA R.K., J.:---In these appeals, both the appellants have been arrested in the same Crime No. 27/2002, under sections 363, 368, 143, 147, 148, 149 and 121 of the Indian Penal Code r/w, sections 3/25 of the Arms Act and section 3(3) of the Prevention of Terrorism Act, 2002 (hereinafter referred as "P.O.T.A."). Both the appellants were arrested on 12-6-2002. The appellant Ahmed Abdul Nayeem in Criminal Appeal No. 543/2002 had filed a writ petition for quashing the F.I.R. The said Writ Petition No. 255/2002 was dismissed by this Court vide order dated 19-9-2002.

2. According to the appellants, period of 90 days from the date of their arrest, excluding the date of arrest, was over on 10-9-2002. Accordingly, both the appellants filed bail applications before the Designated Special Court on 11-9-2002. The learned A.P.P., was asked to file reply on the same, which was filed on 11-9-2002 itself opposing it and on 12-9-2002, the Public Prosecutor filed report under section 49(2) of P.O.T.A. for extension of period of detention of the appellants upto 180 days. On 12-9-2002, the Investigating Officer also filed an application seeking magisterial custody remand of the appellants f

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