SHASHIBALA NAIR Vs. INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) THE petitioner was arrested by the Narcotics Control Bureau on or about 20-3-1989 on a charge for possession and export of 5 Kgs. of heroine and has been charged with offences punishable under sections 8 (3), 2 (2), 21, 23, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (No. 61 of 1985) hereinafter referred to as the NDPS Act. She has been in custody since then. She made an application for bail before the learned Sessions Judge. The application was rejected by an order dated 22nd June, 1989. The petitioner filed this Criminal Application as against the said Order and also purporting to be an application under section 439 of the Code of Criminal Procedure. The prayer is for release of the petitioner on bail.

(2.) DURING the course of the arguments, Mr. Moomen submitted that the petitioner has been in custody for more than 90 days. Since no charge-sheet or complaint has been filed, she is, by virtue of Proviso to sub-section (2) of section 167, Cri. P. C. entitled to be released on bail, irrespective of the fact that the offence is bailable or non-bailable. Mr. Moomen also submitted, a written application to add such a ground in the present petition, which I granted.

(3.) IN reply, Mr. Patwardhan appearing for the Narcotics Control Bureau submitted that having regard to the recent amendment to the NDPS Act, the said Proviso to section 167, Cri. P. C. will have no application and that there is no question of granting bail to such an accused person, even though investigation has not been completed by them and no complaint has been filed by them so far.