MALIK SHARIEF-UD-DIN, J.

( 1 ) THIS petition came up before us on a reference having been made by a learned single Judge on the ground that the petition raises a legal question on which there is a conflict of judicial opinions and requires consideration by a larger bench.

( 2 ) THE petitioner was arrested in case F. 1. R. No. 60 of 1986 under section 17122161185 of the Narcotic Drugs and Psychotropic Substances Act, 1985 recorded at Police Station Railway New Delhi Station. The arrest was made on 3-2-1986. He was remanded to judicial custody with effect from 4-2-86 and continued in judicial custody. We have, however, passed an order on 30th July, 1986 directing his admission to bail.

( 3 ) BY this petition the petitioner has sought bail under the provisions of section 167 (2) of the Code of Criminal Procedure 1973 on the ground that an absolute right for being offered bail had accrued in his favour because of the failure of the Investigating Agency to file the charge-sheet against him within 90 days, as envisaged by proviso to section 167 (2) of the Code.

( 4 ) THE 90th day of his custody had ended on 4-5-1986 and his application for bail came up for consideration before the lea

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