- (1.) THE applicants herein are respectively accused Nos. 5 and 4 in a case under the Narcotic drugs and Psychotropic Substances Act, 1985, hereinafter referred to as the N. D. P. S. Act. The learned Additional Sessions Judge before whom the Applicants applied for bail in N. D. P. S. Special Remand Application No. 360 of 1989, rejected the application of the Applicants as also those of the remaining three accused. The Applicants have preferred this application under section 439 of the Code of Criminal Procedure.
(2.) BETWEEN 23rd July, 1989 and 23rd August, 1989, three packets containing 8 Kgs. of Heroin, four parcels containing 21. 100 Kgs. of Methaqualene powder and four parcels containing 23 kgs. of Mandrex tablets were seized. Some more parcels addressed to people in different countries were also seized. During the investigation, Bombay Telephone No. 577094 came to the knowledge of investigating Officers. The telephone was in Flat No. 402, Building No. B-1, Vaishali Nagar, jogeshwari (West), Bombay. The flat together with the adjoining flat to which the telephone was extended was searched on 6th September, 1989. The accused No. 2 was found in the flat. He revealed the name of the accused No. 1, Magoub Ali. The accused Nos. 1 and 2 were then arrested. The statements of accused Nos. 1 and 2 under section 108 of the Customs Act and section 67 of the N. D. P. S. Act were recorded from 6th September, 1989 to 9th September, 1989 during which time the accused Nos. 1 and 2 were continuously in the custody of the investigating Officers. Magoub Ali, accused No. 1 is alleged to have confessed to be a party to "continuing criminal conspiracy involving export of narcotic drugs and psychotropic substances from India to other countries". According to him, the accused Nos. 4 and 5 together with the accused Nos. 2 and 3 "had helped him and his associates". The statement of the accused No. 1 was the result of three days' detention with the Investigating Officers. Eventually, on or about 9th September, 1989, the applicants herein were taken into custody without arrest. The accused no. 4 in his statement under section 108 of the Customs Act confessed that he "was involved in the import of Mandrex tablets. " The accused No. 5 confessed that "he had supplied 225 Kgs. Methaqualene powder to his associates for illegal exports".
(3.) ON 9th September, 1989, when the applicants were produced before the Court for remand, they complained of assault. The learned Metropolitan Magistrate sent them to J. J. Hospital for examination report. All the accused immediately retracted their statements.;