J.S. Verma, J. - (1.) Leave granted in special leave petitions.
(2.) The common question of law for decision is : Whether the proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 can be invoked by an accused arrested for commission of an offence under the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as "the N.D.P.S. Act", to claim release on bail on the expiry of the total period specified therein if the complaint is not filed within that period The Madras High Court has answered this question in the affirmative and directed the release on bail of the respondents who were arrested for the commission of offences under the N.D.P.S. Act in default of filing the complaint within that period. Hence, these appeals by special leave.
(3.) The material facts are only a few. Admittedly, the Narcotics Control Bureau got a tip-off that a consignment of flasks exported from Madras to Israel contained Hashish concealed therein; and pursuant to this tip-off the consignment was seized at Israel on 8-6-1994. On the basis of information, the premises of the accused Armukham. Nagraj and Ant" U. Patel were searched at Madras and their statements recorded by the concerned authorities. These accused were arrested on 27-6-1994 and produced before the Magistrate who granted remand from time to time. We need not mention the fads relating to the orders of preventive detention of the accused under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 since that is the subject matter of a different proceeding wherein the order of preventive detention was challenged. Admittedly, the complaint against the accused was not filed within the maximum period of 90 days of the arrest specified in the proviso to sub-section (2) of Section 167, Cr.P.C. as the total period for which the accused can be remanded to custody during investigation. Accordingly, the accused claimed to be released on bail as of right on expiry of the specified period of 90 days and they have been directed to be released on bail on that ground alone. The High Court has rejected the prayer for cancellation of the bail by the impugned order. Hence, these appeals which involve for decision the aforesaid common question of law.;