JUDGMENT

Dr. T.N. Singh, J. - This reference is made by one of us (S.K. Dubey, J.) while hearing third bail application of the accused/applicant, arrested in Connection with an offence under section 8/18. - The Narcotic Drugs and Psychotropic Substances Act, 1985, for short "the Act" or NDPS Act. After hearing Counsel, we framed following two questions which arise for our consideration in the facts and circumstances of the case:

(1) If for offence under section 18, NDPS Act, charge-sheet is filed 90 days after the arrest of the accused, whether the latter will, as of right, be entitled to get bail from High Court.

(2) Under what circumstances, the High Court or the "Special Court" can grant bail under Section 37, NDPS Act, to a person accused of an offence under section 18 of the said Act if plea is raised by the accused in terms of section 50 of the said Act?

2. On 8.8.1991, the accused was apprehended while travelling in a bus with an attache case, Agra-Bombay Road, near Shivpuri. From his possession 5,100 gms. of opium found kept in the attache case, was seized by the officers of the Narcotics Department. On chemical analysis at Neemuch by Laboratory, the identity of the sei