TRIBHUWANKHARWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question in this case is to be decided as to whether the restrictions placed on the powers of the Court to grant bail in certain offences under the amended Section 37 of the Narcotic Drugs and Psychotropie Substances Act, 1985 (hcrinafter described as NDPS Act for short), are applicable to the High Court while exercising its power under Section 439 of the Code of Criminal Procedure (for brevity the Code).

(2.) The petitioner was arrested in Mohania P S. Case No. 124 of 1993 on the basis of an FIR registered under Sections 8, 17 and 21 of the NDPS Act. On a confidential report, the officer-in-charge of Mohania Police Station conducted a raid along with the Raiding Party and arrested the petitioner along with 11 other persons named in the FIR recovered several quantities of heroin from all those arrested persons. It is alleged in the FIR that on seeing the Raiding Party, the persons who were either purchasing, selling or consuming heroin wanted to See away but 12 persons were arrested on the spot. The petitioner was among 12 arrested persons and from whose possession the purias of heroin measuring about one gram was recovered.

(3.) The petitioner moved for bail before the learned Session Judge and by order dated 2-9-1993, the prayer was rejected and as such this application for bail before this Court.