JUDGMENT

P.K. Jain, J. - In this petition filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the Code) the following two questions arise for consideration:

(i) Whether Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) overrides Section 167(2) of the Code and bail cannot be granted in a case registered under the Act unless conditions contained in clauses 0) and (ii) of Section 37(1)(b) are satisfied?

(ii) Can bail granted under the proviso to Sub-section 2 of Section 167 of the Code for failure to complete investigation within the period prescribed thereunder be cancelled merely on, the presentation of the challan (charge-sheet) at any time thereafter?

2. These questions are .to be answered in the backdrop of the following fads:

On 19.3.1995, the petitioner was arrested by Station House Officer, Police Station Lopoke and 5 kilogram of opium was recovered from him. A case F.I.R. No.,34 of 1995,under Section 18 of the Act was registered against him at the said Police Station. The prosecution could not complete the investigation and for the charge sheet within the stipulated period of 9