BALAJIT SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application made under Section 438 of Cr. P.C. seeking pre-arrest bail by the petitioner, namely, Baljit Singh, in connection with C.I.D. Police Station Case No. 52/2002 under Section 20(b)(i)/ 29 of the N.D.P.S. Act.

(2.) I have heard Mr.BK.Mahajan, learned counsel for the petitioner, and Mrs. B.Rajkhowa, learned Addl. P.P., on the question of maintainability of this application for pre-arrest bail. This hearing was held in consequence of the order, dated 28.2.2003, which quoted herein below:

(3.) From a careful reading of the decision in Suresh Dutta-Vs-State of Tripura, reported in 2003(1) GLT 107, it appears that in this decision, the view taken was that since Section 36A(3) of the NDPS Act refers to only Section 439 Cr. P.C. and not to Section 438 Cr.P.C., the High Court's power relating to bail in a case under the NDPS Act is confined to granting or not granting of bails in respect of persons, who are in custody under the NDPS Act, and that the High Court cannot invoke the powers under Section 438 Cr. P.C. to grant prearrest bail to any person apprehending arrest under the NDPS Act.