2000 CRI. L. J. 108 ::(1999) 82 DLT 449 ::(2000) 1 CurCriR 573 ::(1999) 3 ChandCriC 152 ::(1999) 51 DRJ 558

Delhi High Court

Hon'ble Judge(s): Cyriac Joseph , J

(A) Criminal P.C. (2 of 1974) , S.439— Interim bail - Grant of - Petitioner charged for various offences under N.D.P.S. Act - Application by petitioner for release on bail on humanitarian ground i.e. to accompany his ailing wife - Not tenable in view of legislative injunction contained in S. 37 of N.D.P.S. Act - Moreso when his earlier application was rejected by High Court on ground that there was no reasonable ground to believe that he was not guilty of offence. Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.37— A plain reading of S. 37 of N.D.P.S. Act shows that provisions contained therein are applicable and operative with non obstante clause "not withstanding anything contained in the Code of Criminal Procedure". It also shows that Limitation on granting of bail specified in S. 37(1)(b) are in addition to Limitation under the Code of Criminal Procedure or any other Law for the time being in force. Therefore whatever be the scope and extent of power of Court under S. 439 of Cr.P.C., while considering application for bail in case of a person accused of an offence @page-CriLJ109 punishable for a term of imprisonment of five years or more under N.D.P.S. Act, the powers of Court remains restricted by Limitation specified in S. 37(i)(b). Hence in such case the public prosecutor should be given an o....