(1.) Even before the ink in certain judgments has become dry, divergence of view has surfaced and doubt regarding their correctness has arisen, relating to certain provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act'). Though only one question was referred to the Full Bench for adjudication, members of the Bar pleaded that several other questions need a fresh look and therefore we have primarily considered the following questions :
(2.) Only the first question has been referred to the Full Bench because a Division Bench, while considering the reference made by a learned single Judge in respect of the cases under consideration, did not agree with the view expressed by another Division Bench of this Court in Bhagwan Singh v. State of Orissa, (1992) 5 OCR 107. So far as some other questions are concerned, the referring, Division Bench did not accept the view expressed by some learned single Judges of this Court. In the ordinary course, therefore, the view of the Division Bench would have prevailed and in the absence of a reference in respect of those questions it would not have been necessary for us to delve into the matter. But in view of the circumstances indicated above, we have taken up the questions enumerated above for a detailed analysis.
(3.) Before grappling with the problems posed before us, it is necessary to look into the legislative history of the Act. From a conspectus of the provisions and the objects of enactment, it is clear that the statute was enacted to provide stringent provisions for control and regulation of operation relating to Narcotic Drugs and Psychotropic Substances. The intention of the legislature to make the provisions stringent and to thwart attempts by the accused to slip-through the loopholes is apparent from Act 2 of 1989 coming into force with effect from 29-5-198 which inter alia substituted Section 37. The object of enactment of Section 37 is to restrict grant of bail in certain specified cases, which the legislature thought to be grievous in nature. The offences are non-bailable by virtue of level of punishments. But on technical grounds, drug offenders were being released on bail. In the light of certain difficulties faced in the enforcement of the Act, the need to amend law to further strengthen it was felt necessary. Restrictions were put by the legislature on grant of bail relating to offences which carry punishment of five years or more.
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