A.A. Desai, J. - Question as posed in this application pertains to applicability of proviso to sub-Section 2 of Section 167 of the Code of Criminal Procedure (the Code) in the matter of grant of bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act").

2. The applicant was arrested on 1-12-1989 on having found in possession 4.90 Kgs of Ganja. He is, therefore, being prosecuted for the offence punishable under Section 20 of the Act. The prosecution on 6-2-1990 filed a chargesheet i.e. beyond 60 days.

3. Mr. Sirpurkar, the Learned Counsel appearing for the applicant, therefore, asserted that the applicant is entitled, to be released on bail in view of the provisions laid down in proviso (a) to sub-Section (2) of Section 167 of that Code. He placed reliance on the decision delivered by the Supreme Court in case of Rajnikant v. Intelligence Officer, Narcotic Control Bureau1. The applicant-Rajanikant in that case was prosecuted for the offence punishable under the Act. The Supreme Court has observed that a right to bail under these provisions is absolute. The Magistrate has no power to remand a person beyond the stipulated period. He mus