ATHAR PERVEZ Vs. STATE

JUDGEMENT

(1.) This order would dispose of the criminal reference made by the Single Judge in Bail Application No. 983/2015, titled Athar Parvez vs. State NCT of Delhi. The aforesaid order records and makes reference to two earlier decisions of the Single Judge of this Court in Pushpa Rani vs. Narcotic Control Bureau, : 122 (2005) DLT 68, and Atik Ansari vs. State (NCT of Delhi), : 131 (2006) DLT 463, and notices perceptive divergence on the question; whether the Courts can grant "interim" bail when the conditions for grant of bail under Sec. 37 of the Narcotics and Psychotropic Substances Act, 1985 ('NDPS Act' for short) are not satisfied. In other words, the issue is whether the provisions and conditions of Sec. 37 of the NDPS Act would apply only to cases of "bail" or would also apply when the accused seeks "interim" bail.

(2.) We have had the advantage of hearing arguments by Mr. A.J. Bhambhani, learned Senior Advocate, who was appointed as an Amicus Curiae, Mr. Rahul Mehra, Standing Counsel (Criminal) who had appeared for the Government of NCT of Delhi and Mr. Rajesh Manchanda, Advocate for the Narcotics Control Bureau.

(3.) Sec. 37 of the NDPS Act reads as under: