JUDGMENT

B.C. Patel, J.- A Division Bench of this Court (Coram: M.B. Shah & B.C. Patel, JJ.) referred this matter to a larger Bench as in the view of the Division Bench the convict under the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as the NDPS Act) cannot be released on parol or bail and consideration of sympathy cannot be permitted to overshadow the consideration regarding security of the Society. Considering the law as discussed in the order of the Division Bench passed on 20th July. 1995, it was not possible for the Division Bench to agree with the view expressed by another Division Bench of this Court (Coram: C.K Thakker & S.M. Soni. JJ.) in the judgment and order passed on 7th March 1995 in Misc. Criminal Application No. 791 of 1995, in Criminal Appeal No. 4 of 1994. For deciding the controversy in question, office was directed to place the matter before the learned Chief Justice for placing it before a larger Bench and is directed by the learned Chief Justice the matter is placed before this Bench.

2. Convict Ramlal Gallaji Purohit was sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 1 lakh, in default of payment of fine