S.C.MATHUR, B.L.LOOMBA
MAHESH – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THE petitioner who was arrested under sections 8/18 and 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act No. 61 of 1985 ). , for short The Narcotic Act has sought his release from detention through writ of Habeas Corpus on the sole ground that charge-sheet has not been filed against him within the period of 90 days referred to in sub-section (2) of Clause (a) of the proviso to sub-section (2) of section 167 of the Code of Criminal Procedure, 1973, for short Codet.
( 2 ) THE petitioner was arrested on December 23, 1985. The arresting authority was the Central Customs and Excise Officer, On December 24, 1985 he was produced before Chief Judicial Magistrate, Lucknow who put him in Judicial custody and sent him to jail. From time to time remand was extended and till date the petitioner continues to be detained in jail. After completing investigation the Customs authorities filed complaint on March 22, 1986. The petitioner had applied for being enlarged on bail but the application was rejected by the learned Sessions Judge, Lucknow by his order dated February 17, 1986. Thereafter the petitioner applied for release on bail in this Court but the
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