USHA MEHRA, J. (Oral)

( 1 ) IMAM and Megh Raj have been charged under Section 20 and 29 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter called the NDPS Act), 1985. They were arrested "in 31. 8. 91. Allegation of the prosecution is that these two persons were sitting on the Railway platform of Old Delhi Railway Station. They were sitting on two parcels booked through railway and one parcel was lying abandoned. These two petitioners were surrounded by the police and were confronted to show the contents of these three parcels. On being confronted the petitioners admitted that these parcels contained charas . On weighing it was found that three parcels contained 94. 50-Kg. of charas and since then the petitioners are in jail.

( 2 ) PETITIONERS have come up before this Court challenging their detention on the ground that no challan/charge sheet has been filed by the prosecution till date. The period of 90 days from the date of arrest has already expired, therefore, under Section 167 (2) of the Code of Criminal Procedure, the petitioners are entitled to be released on bail. Proviso to Sub Section (2) of Section 167 provides as under:-

". . . . . . AND on the expiry of

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