ORDER

1. Leave granted.

2. Arising out of the same FIR, Criminal Appeal No 46 of 2022 was allowed by an order dated 7 January 2022 passed by this Court [Narcotics Control Bureau vs Ajeet Kumar Yadav]. The order of the Court is reproduced below for convenience of reference:

'Leave granted.

We have heard the learned counsel for the parties.

The impugned order is unsustainable as does not take into consideration the statutory mandate of Section 37 of the Narcotic Drugs and Psychotropic Substances, Act 1985 (for short, 'NDPS Act').

In view of the aforesaid position, the impugned order is set aside and the respondent is directed to surrender within a period of seven days. If the respondent does not surrender within the aforesaid time, the investigation officer would take immediate and necessary steps to detain and arrest the respondent.

We also restore B.A. No. 3081 of 2021 to the file of the High Court with a direction to decide the bail application afresh in accordance with law and without being influenced by the impugned order. We clarify that we have not expressed any opinion on the merits. It will be open to the respondent to move an application for early listing of bail application after