MANJIT DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under section 439 read with section 482 Crimial P.C. praying for bail of the accused Nirupam Das @ Raju who is in custody since 4.9.91 in connection with Special Case No. 14 of 1991 (Algapur P.S. Case No. 217/91) pending before the Special Judge, Silchar. The case was registered under section 22/25/27A/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, for short the Act.

(2.) Mr. Osmani, learned counsel for the petitioner has submitted that as the petitioner is in custody since 4th Sept., 1991 he is entitled to be released on bail in view of the provisions contained in section 167 CrPC, particularly sub-section (2) of the said section, On the other hand Mr. De, learned Public Prosecutor drawing attention of this Court to section 37 of the Act and has urged that the accused is not entitled to get the benefit of section 167 CrPC. In this connection, learned Public Prosecutor has drawn attention to the order dated 19.2.92 passed by the Session Judge, Silchar in Criminal Misc. Case No. 15 of 1992 and has urged that in view of the law laid down in Prablad Vs. State of Maharastra, 1991 Cri LJ 1537 , the accused is not entitled to get the benefit of section 167 as held by the learned Sessions Judge on the basis of the above decision.

(3.) Sec. 37 of the Act runs as follows:-