MANBHARI DEVI AND Vs. STATE

JUDGEMENT

(1.) All these 13 applications under S. 438 of the Code of Criminal Procedure are being disposed of by this common order as all of them arise from a case FIR No. 257/2K for the offences punishable under S. 20/27-A/29/32 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as 'the Drugs Act') registered with the Police Station, Kullu, on 1-7-2000. The applicants are resident of Village Tosh, P.O. Barashiani, Tehsil and District Kullu (H.P.)

(2.) In order to appreciate the respective contentions of the applicants and prosecution, the facts as disclosed in the First Information Report may be noticed in brief:

(3.) It may be noticed that grant of anticipatory bail under S. 438 of Code of Criminal Procedure is subject to S. 37 of the Drugs Act which provides that notwithstanding anything contained in the Code of Criminal Procedure, no person shall be released on bail unless the conditions as stipulated under sub-clause (ii) of clause (b) of sub-sec. (1) of S. 37 of the Drugs Act are satisfied. Section 37 as amended in the year 1989 reads as follows :-