Dr. B. Siva Sankara Rao, J.

1. The prosecution agency represented by the Intelligence Officer, Narcotics Control Bureau, Hyderabad Sub-Zone, who is the petitioner herein, filed this application under Section 437(5) instead under Section 439(2) read with 37 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") to cancel the order in Crl.P. No. 2204/2014 dated 03.03.2014 granting bail in favour of the 5th accused shown as the sole respondent to the present application.

2. Heard the petitioner-prosecution agency and the respondent-accused No. 5 at length and perused the material on record.

3. Now the points for consideration are:

1. Whether there are any Just grounds to recall or cancel the bail order granted to the respondents-5th accused and if so, on what grounds and under which provision?

2. To what result?

POINT Nos. 1 & 2:

4. Before coming to the facts on the scope of the application, the only contention for cancellation of bail is that the learned Judge did not properly advert to the scope of Section 37 of NDPS Act, which prohibits the grant of bail. Thereby it is required to reproduce what the Section 37 speaks herein:

"[37. Offences to be cognizable