BALJIT SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) A short question of considerable moment has been referred to this Division Bench following a difference in opinions of two Single Benches of this Court. The question which pleads to be answered can be paraphrased as follows.

(2.) Whether an application for grant of bail under Section 438, of the Criminal Procedure Code, 1973, (hereinafter called "the Code") before the High Court is maintainable for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, (as amended) (for short "the Act") in the face of Section 36A(3) thereof?

(3.) We have heard Mr. BK Mahajan, learned counsel for the petitioner in BA No. 246/2003 and Mr. GN Sahewalla, learned counsel for the petitioner in BA No. 464/ 2003 as well as Mr. P. Bora, learned Public Prosecutor, Assam.