- (1.) Arriving at the conclusion that the law laid down by Hon'ble the Supreme Court in the case of Union of India v. Rattan Mallik alias Habul, 2009 2 SCC 624, is running contrary to its earlier judgment in Mansingh v. Union of India, 2004 13 SCC 42, a Single Bench of this Court has sought guidance from the Larger Bench as to which one principle of law from among the two cases aforesaid should be adhered while examining the application seeking release on bail/suspension of sentence in the matters where the conviction is recorded for the offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act of 1985").
(2.) The discussions made by learned Single Bench while making reference to the Larger Bench read as under:- " (Union of India Vs. Rattan Malik @ Habul, 2009 AIR(SCW) 3648) (Dadu alias Tulsidas Vs. State of Maharashtra, 2000 8 SCC 437) (Mansingh Vs. Union of India, 2004 13 SCC 42)"
(3.) Looking to the nature of the issue referred for adjudication, it shall be appropriate to quote the Section 37 of the Act of 1985 :- "37. Offences to be cognizable and nonbailable.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)-- (a)every offence punishable under this Act shall be cognizable; (b)no person accused of an offence punishable for offences under section 19 or section 24 of section 27 A and also for offences involving commercial quantity shall be released on bail or on his own bond unless-- (i)the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii)where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2)The limitations on granting of bail specified in clause (b) of sub-section(1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.";