RAVI SHARMA Vs. N C B

JUDGEMENT

(1.) The short question for consideration in this order is as to whether the provisions contained in Section 37 of the Narcotic Drugs and Psychotropic Substances Act (as amended) (hereinafter referred to as the Act) would be applicable to applications for bail in cases prior to the coming into force of this ammended section.

(2.) The Act came into force on 14th November. 1985 and Section 37 at that time was as under :- Offenecs to be cognizable

(3.) This Act was subsequently amended vide Act No. 2 of 1989 and Section 37 was substituted by the following section : Offences to be cognizable and non-bailable. (1) Notwithstanding anything contained in the Code of Criminal Procedure. 1973 (2 of 1974)- (a) every offence punishable under this Act shall be cognizable ; (b) no person accused of an offence punishable for a term of imprisonment ot" five years or more under this Act shall be released on bail or on his own bond unless- (i) The Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor oppose the application, the court is satisfied that there are reasonable grounds tor believing that be is not guilty ot such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of Subsection (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force on granting of bail.