( 1 ) LEAVE granted.

( 2 ) THIS appeal is directed against the order passed by a learned Single judge of the Allahabad High Court at Lucknow Bench releasing the accused- respondent on bail.

( 3 ) ON the allegation that 2. 7 kg of opium was recovered from his possession, a criminal proceeding is pending against the accused-respondent. The High Court by the impugned order has not looked into the provisions of section 37 of the NDPS Act and, on the other hand, has been persuaded to release the respondent on bail as he is a practising lawyer and a young man and there is no previous history against the respondent. In view of the two judgments of this Court since reported in Union of India v. Ram Samujh and union of India v. Aharwa Deen even the High Court would be bound by the provisions of Section 37 of the NDPS Act and would not be entitled to release the accused under the provisions of the NDPS Act unless the provisions of Section 37 are satisfied. In that view of the matter, the impugned order cannot be sustained. We, therefore, set aside the impugned order passed by the learned Single Judge of the Allahabad High Court dated 23-12-1999 and direct that the bail application of the acc