BHINYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS case comes up before this Bench on a reference made by the learned Single Judge on two points : " (i) Whether in cases under the N. D. P. S. Act, an applicant is entitled to grant of bail on the sole ground that his detention during investigation has exceeded the period of detention envisaged by Sec. 167 (2) of the Code? (ii) Whether the powers of the High Court to grant bail for offenders under the provisions of N. D. P. S. Act stand curtailed by Sec. 37 of the Act, notwithstanding the fact that such powers are preserved by virtue of Sec. 36a (3) of the Act?"

(2.) WE have heard Shri N. K. Garg and Shri Sandeep Mehta appearing for the petitioner and as an intervener as also Shri L. S. Udawat, Addl. Advocate General appearing for the State.