( 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 accused-respondent be considered afresh on its own merits bearing in mind the two judgments of this Court referred to above.

( 4 ) MR Jain, the learned Senior Counsel appearing for the accused- respondent, prayed that since the accused has been released on bail since 23-12-1999 and for more than 16 months has not misutilised the bail granted to him, until the bail application is finally disposed of, he may not be arrested or directed to surrender.

( 5 ) HAVING regard to the facts and circumstances, we find sufficient force in the aforesaid submission and accordingly we direct that the accused- respondent may not be arrested until the bail application is reconsidered and disposed of by the High Court. The learned Chief Justice is requested to place the bail application before a Judge other than the Judge who had earlier heard this matter, before the closure of the Court on account of the summer vacation. The appeal stands disposed of accordingly.