NARCOTICS CONTROL BUREAU Vs. KISHAN LAL

JUDGEMENT

(1.) The High Court of Delhi by a common order in two petitions filed under the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act for short) held that the restrictions placed on the powers of the Court to grant bail in certain offences under the amended S. 37 of the NDPS Act are not applicable to the High Court. Aggrieved by the said order, the Narcotics, Control Bureau has filed these two appeals.

(2.) The petitioners before the High Court in two different cases were arrested for offences under various Sections of the NDPS Act. They were refused bail and remanded to judicial custody. On the basis of the report the Magistrate concerned took cognizance and remanded them to judicial custody. The petitioners filed a writ petition as well as a criminal miscellaneous petition seeking bail firstly on the ground that they are entitled to be released or! bail as required under Section 167(2) of the Code of Criminal Procedure as the charge-sheet was filed at a belated stage and secondly on the ground of illness, A learned single Judge referred this matter to a Division Bench and the Division Bench by the impugned order held that the limitations placed on the Special Court under S. 37(2) of the NDPS Act cannot be read as fetters on the High Court in exercise of powers under Section 439, Cr.P.C. for granting bail. The only limited question to be decided in these appeals is whether the view taken by the High Court is right or wrong and we may also mention that leave was granted only to this limited extent.

(3.) The learned counsel appearing for the appellants submitted that the High Court has misconstrued the provisions of Ss. 36-A and 37 of the NDPS Act and that latter Section as amended starts with the non obstante clause limiting the scope of the provisions of the Cr.P.C. in the matter of granting bail and as such the High Court has no untrammelled powers to grant bail inasmuch as the provisions of the amended Section 37 of the NDPS Act override the provisions of Section 439, Cr.P.C.