BHUPINDER SINGH ALIAS BANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BHUPINDER Singh alias Bandhu, petitioner has filed this petition under section 439 of the Code of Criminal Procedure, for granting him bail in case First Information Report No. 92, dated August, 19, 1991, Police Station City Hoshiarpur under sections 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Narcotic Act).

(2.) THE petitioner was found in possession of 8 Kgs. of poppy husk. A case was, thus, registered against him under sections 15/61/85 of the Narcotic Act. The petitioner filed an application for grant of bail before the learned Additional Sessions Judge, Hoshiarpur, which was rejected by him vide order, dated August 23, 1991. Hence, this petition.

(3.) THE petitioner cannot derive any benefit from the aforesaid orders, as the decision of the Supreme Court in Criminal Appeals Nos. 810-811 of 1989, rendered on January 29, 1991 (Narcotics Control Bureau v. Kishan Lal and others, AIR 1991 SC 558 : 1991(1) Recent Criminal Reports 338) does not seem to have been brought to the notice of the learned Judges of this Court and the order in Criminal Miscellaneous No. 12049-M of 1990 was passed before the decision of the Supreme Court was rendered in Narcotics Control Bureau's case (supra). In this case, it has been stated in very clear terms by the Supreme Court that section 37 as amended starts with a non-obstante clause stating that notwithstanding anything contained in the Code of Criminal Procedure, 1973 no parson accused of an offence prescribed therein shall be released on bail unless the conditions contained therein were satisfied. The Narcotic Drugs and Psychotropic Substances Act is a special enactment and section 37 thereof restricts the powers of the High Court to grant bail except when the conditions prescribed under section 37 are fulfilled. The conditions prescribed under section 37 are as under -