INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU Vs. SAMBHU SONKAR

JUDGEMENT

(1.) Leave granted.

(2.) Limited question involved in this appeal is whether the restrictions imposed under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") would be applicable in a case where offence is punishable under Section 20(b) (i) for possessing Ganja

(3.) It is the prosecution version that acting on intelligence report a batch of Narcotic Control Bureau officers searched the premises of respondent No. 1 Shambhu Sonkar, at G. T. Road, P.S. Golabari, District Howrah on 22-11-1999 and recovered 18.7 Kgs. of Ganja and a sum of Rs. 4,370/-. On the same date a confessional statement of the respondent was also recorded. The respondent filed a bail application before the Additional District Judge, Howrah, which was rejected by Order dated 2nd February, 2000. Thereafter, the respondent approached the High Court of Calcutta and the High Court by its Order dated 7th March, 2000 allowed the said bail application by holding that restrictions imposed by Section 37 of the N.D.P.S. Act, 1985 (hereinafter referred to as 'NDPS Act') would not be applicable as the maximum imprisonment provided for the offence under Section 20(b)(i) is 5 years. That order is challenged by filing the present petition under Article 136 of the Constitution.