JUDGMENT

N.P. Singh, J.-Leave granted.

2. This appeal has been filed against an order dated 19.4.1994 passed by the High Court, rejecting the prayer of the bail made on behalf of the appellant, who is an accused for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act).

3. It appears that the appellant was arrested on 8.11.1993. A petition for bail on merit was rejected by the City Sessions Judge on 4.2.1994 in view of the judgment of this Court in the case of Narcotics Control Bureau v. Kishan Lal and others1, taking into consideration Section 37 of the said Act. The High Court also rejected the prayer for bail, made on behalf of the appellant, in view of Section 37 of the Act, after making reference to the judgment of this Court in the case of Narcotics Control Bureau v. Kishan Lal and others (supra).

The learned counsel, appearing for the appellant, urged that the statutory period prescribed by proviso (a) to sub-section (2) of Section 167 of Code of Criminal Procedure during which the appellant could have been kept in custody, pending investigation, had expired, because of which the appellant should have been release